HomeMy WebLinkAbout02-24-11PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA
Estate of ANTHONY C. GARDNER File Number _~~ ~ ~ ~ " D ~~
also known as
Deceased Social Security Number 166462831
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE 'A' OR 'B' BELOW.)
Q 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 9/10/2007 and codicil(s) dated NONE
(State relevant circumstances, e.g., renunciation, death of executor, etc.J
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, was never adjudicated incapacitated, and was not a party to a pettding divorce proceeding at the time
of death wherein grounds for divorce had been established as provided in 23 PA C.S. section 3323 (g):
B. Grant of Letters of Administration
(If applicable, enter: c. t. a.; d. b.n.c.t.a.; pendente liter durante absentia; durante minorttate)
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.)
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(COMPLETE INALL CASES:) Attach additional sheets if necessary. ~ ='
Decedent was domiciled at death in CUMBERLAND County, Pennsylvania, with his /her last principal residence a . 37 ~~ ~
HASSINGER ROAD NEWBURG PA 17240 Hopewell Township PENNS VANIA
(Lcst street address, town city, township, county, state, zip code)
Decedent, then 57 years of age, died on 1/26/2011 at CHAMBERSBURG HOSPITAL
FRANKLIN COUNTY CHAMBERSBURG PA 17201
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) All personal property $ 1.000.00
(If not domiciled in PA) Personal property in Pennsylvania $
(If not domiciled in PA) Personal property in County $
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:
Signature Typed or printed name and residence
- GAIL I. GARDNER 137 HASSINGER ROAD
NEWBURG PA 17240
Page 1 of 2
Form RW-02 rev. 10.13.06
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~a~n~d~-subscribed
before me the ~_ day of
,/ ,~?011
For the Register
File Number: _ 2~ ~ ~ ~ - U'L`F `~ ~ ~ i ~.
Estate of ANTHONY C. GARDNER ~
Deceased
Signature of Personal Representative ~
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Signature of Personal Representative
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Social Security Number: 166462831 Date of Death: 1 /26/2011
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AND NOW,~~~ ~7~`d~ , ~ ~ , 2011 , in consideration of the foregoing Petition, satisfactory proof
having been presented before me, IT IS DECREED hat Letters TESTAMENTARY
are hereby granted to GAIL I. GARDNER
in the above estate
and that the instrument(s) dated SEPTEMBER 10. 2007
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) .•.•.•..........
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TOTAL ............................
$ 1~e:~
$ tti
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$ i' ~.~~.
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Reg of Wi11s
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Attorney Signature: -
Attorney Name: H. ANTHONY ADAMS
Supreme Court I.D. No.: 25502
Address: 49 WEST ORANGE STREET. SUITE 3
SHIPPENSBURG
PA 17257
Telephone: 7175323270
Page 2 of 2
Form RW-02 rev. 10.13.06
Signature of Personal Representative
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 17262307
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This is to cerlif~~ that the irf>rlnati(m herb given is
correctly c<~pied fruni an ori~~i gal Certificate o1 Death
duly filed with me as Local Registrar. Thk~ ori~,inal
certificate wit! he f~n-warded to the S;.Ite Vital
Reayres Office 1Llr germane! filing.
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itOS143 REV 11/!006 COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS ~
TYPE / PRINT IN ~._ :'T"7
PERkaNENr CERTIFICATE OF DEATH A
BUCN INK
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(See instructions and examples on reverse) ~r,r< <„ ~ ,,,,,,ono ,.
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1. Name d DBCetleM (FIrM, natltlb, last, suR I 2. Sex 3. SodM Secudy NamDer 4. Dale d Dedh (Month, day, year)
cry `.fz1. n2-~ rl~q l~ 166 -46 - 2831 Janaury 26, 2011
5. Age (teal eirtnmyl r 1 year Under t day 6. Date d Binh (Month, day, ar) 7. BMtipbce (City entl Mate w loreipn country) 9e. Pbre d Daeth (Check mty ore)
Mwea Wars Nowt Mexses HoslMal: Other.
57 Yre. 8-3-53 Chambersburg, PA
^ Inpatient ER / OuWaaent ^ DOA ^ Nursirg Home ^ Residence ^Other ~ Spedty:
' 9D. CeuntY d Death &. City, Boro, Twp. d Death 9d. Fadlity Name (If rot biM4Nian, 9k'e west end nurtber) 9. Wes Decedent d Hispane; Origin? ~NO ^ Yea 10. Race: American Indan, Black, Whhe, ak.
Franklin Chambersburg (II yes, specity Cuban, (Speciyr
Chambersburg Hospital • Mezlren,PUerloRiren,ela) White
11. Decetlent's Used Ibn Kntl d work tlarle ~ most d worAi Be. Do rot Mob re9r 12. Was Oecedenl ever in the 73. DecedeM'c Edurelexi (Spealy ody highest grade wmpmbtl) 14. McMa15btus: Mameq Never Merced, 15. SurvNirg Spouse pl wile, gWe maiden Wane)
Kex1 d Work Ned d Business! IntluMry U.S. Amtetl Forces? EbmeMary / Secwltlery (P12) CoNege (1 a a 5a) Widowed Divorced (Specil)%
Managment [kuversi ^Yee ®NO 12 years 2 years married Gail I. Mix
- 1fi. 13ecedanl'a Muting Adtlress (Street, dry / Wwn, Mate, zip cotle) Derederll's Did Decedent
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AdaM Reaitlence ne. StMa
LNe b e nc. [~ Yes. Deretlem LNetl h HoPewe 11 TW p . Twp.
137 Hassinger Road Cumberland T0W"eh°? nd.^ No, Decetlem Lrvetl wahn
17b coan
Newburg, PA 17240 y
AdualLmMS OI city llyoro
19. FMhera Name (Peal, metle, last, suffix) 19. MoUlare Name (Flint, middle, maebn surrome)
Charles B. Gardner Betty A. Gabler
20a. IMOmreM's Name (Type /Print) 20b. InfomraM's Maamp Atldmas (SaeeL dry? Iavn, Mlle, zlp cotle)
Gaii I. Gardner 137 Hassinger Road, Newburg, PA 17240
21a. Mdhad d DisPOSiaon ~ ^CremMen ^ Donalon
~ 21b. Date of DisPredion (MOmh, tlaY. year) 21s. Place d Dielwnilon (Name d cemetery, crematory a dhsr pbrel 21d. Loceaon (City / bwn, Mete, sQ retle)
^ ®r Burial ^ Removal Irom Slate I Was Crerllelkn a OoruUon Artlhoriutl
spear: i bYMetllulExemin.r/Corwrr? ^rea^NO
1-30-2011
Otterbein Cemetery
Newburg, PA 17240
~ 22a. SgwWre d~1°I Sa ~ irerwee la pereon aclmg u such) 22b. lAgnae Nlanber 22c. Name and Addms d FadBy
- '!/.rn. FD-012984-L Fogeisanger-Bricker Funeral Honte inc., Shippensburg, PA 17257
Cwnpbb aur¢ 23at ony when rerMyirg 23e. To d my nowladge, deMh near M tare, date ant glare MMetl. lure ant tXb) 23b. liceme Nurtber 23c. Dale
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aorta 2426 mul he rempbled by person
who paloaxes tleath 24. Time d De§
/ 25. Date Prmw~~//n//retl d (MOmh, da/y, year) 26. Wee Case Flelerratl to Medical Examiner / Canner br a Reason Other Than Cremation w Donalbn?
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M. /'~OfC.P '~p~~1I( ,Yes ^No
CAUS OF DEATH (See InatrucUOns end examplea) r Approxenete mlavel:
kem 27. Pen L Eller pw ydajLd events - dmeasas,'ayuries, a cortpFCatiars -that directly rauaetl Me death. DO NOT enter IermirlM events suit as cardiac artesl, i Onsal to DeMn Pan II: Ella dher FpD~firarN reridiiww axdndnbp to deem,
bN rid reselling in the untledyirq cause given n Pan I, 26. Ditl Tobacco Use Conl~ule W Death?
n Ysa ^ Probsbly
raspiretay anent, a veMrkubr abMlaeon whhoN ehoweg the etiology. LIM a4y aw cause on each line. ~
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a1NE01ATE CAUSE IF'xlel dsease or
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Eller a UNDERLWNG CAUSE Due to (a e a consequence oQ: r
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Due to (or as a ronsequence of ^ Na pregnant, bN pregnant 43 days W t year
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30e. Was an ANOpsy
Penomx!tl? 30b. Were ANapsy Fndngs
Availade Prig to Caryblbn 31. Manner of Deelh 37a. Date d Injury (Madh, daY, year) 32b. Descdhe How Iryury Ocamed 32c. Pbce of Inµxy: Fbme, Farm, erect, Factory,
d Cause d Death? rx
Ll aatuml ^ Homicide
OXice BNldng, dc. (SpedlyJ
^ Yes Q No ^ Yes ^ No ^ Accident ^ Pendng IrwesOgelion 32d. Time d Iryury 32e. Irlury al Waa? 321. II Tmnsponalion Injury (Spedry) 32g. Lacalron al Inury (Strad. dry /town, Mate)
^ Suidde ^ Coultl Nd ba Debrmirwtl ^ Yes ^ No ^ Driver / Operela ^ Pessalger ^PetleMdan
M. Other ~ Specily:
33a. Cenilbr (clreck Doty one)
• anxying phyMCbn (Physician cendying cease d tledh whom arather physidan has pronourxxd death ant completed hem 23) 336. Sigrelure end Tale d CerN'
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path xcurted due b the caul
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• Pronourtefng entl redMying pNyMCMn (PhyMebn both praroatcYlg death erd can
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On the basis d examinallon entl / or InvesUgdion, a my opinion, tledh occared d the lime, tlde, and place, and due to the cause(s) end manner as ebled_ ^
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35. Reg¢trar's Signet entl 0' cl Nan6er ~ Flled (Month, day, year) -
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1
LASTQWILL
TESTAMENT OF
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I, ANTHONY C. GARDNER, of 137 Hassinger Road, Newburg, ~~;~~~'~.TF~p,
Commonwealth of Pennsylvania, being of sound and disposing mind, memory 'tT='u`r'r~ei~t~~~ri~~
do hereby make, publish and declare this as and for my Last Will and Testament, hereby revoking
any and all other wills and codicils heretofore made by me.
FIRST. I direct that all my just debts and funeral expenses be paid from my estate as
soon after my death as practically and conveniently may be done.
SECOND. I direct that my remains be interred within my family's burial plot in accord
with my expressed wishes.
THIRD. I authorize my personal representative to expend funds from my estate, in such
amounts as my personal representative shall consider necessary and desirable for the purchase,
erection and inscription of a suitable marker for my grave.
FOURTH. I give, devise and bequeath any and all tangible personal property owned by
me at the time of my death unto my wife, GAIL L GARDNER, provided she survives me by
thirty (30) days. In the event she fails to survive me by thirty (30) days, I give, devise and
bequeath all said tangible personal property as follows:
A. One-Third (1/3) share unto my daughter, ANGELA R. LANDI, per stirpes;
B. One-Third (1/3) share unto my daughter, CABBIE E. ROBINSON, per stirpes; and
C. One-Third (1/3) share unto my daughter, JESSICA L GARDNER, per stirpes.
FIFTH. I give, devise and bequeath any and all real estate owned by me at the time of
my death, unto my wife, GAIL I. GARDNER, provided she survives me by thirty days. In the
event she fails to survive me by thirty (30) days, I give, devise and bequeath all said real estate
as follows:
A. One-Third (1/3) share unto my daughter, ANGELA R. LANDI, per stirpes;
B. One-Third (1/3) share unto my daughter, CABBIE E. ROBINSON, per stirpes; and
C. One-Third (1/3) share unto my daughter, JESSICA I. GARDNER, per stirpes.
SIXTH. I give, devise and bequeath all the rest, residue and remainder of my estate unto
my wife, GAIL I. GARDNER, provided she survives me by thirty (30) days. In the event she
fails to survive me by thirty (30) days, I give, devise and bequeath all thf; rest, residue and
remainder of my estate as follows:
A. One-Third (1/3) share unto my daughter, ANGELA R. LAIC"DI, per stirpes;
B. One-Third (1 /3) share unto my daughter, CABBIE E. ROBINSON, per stirpes; and
C. One-Third (1/3) share unto my daughter, JESSICA L GARDNER, per stirpes.
SEVENTH. I direct that any and 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.
EIGHTH. I hereby nominate, constitute and appoint my wife, CiAIL I. GARDNER as
Executrix of this my Last Will and Testament. In the event of renunciation, death, resignation or
inability to act for any reason whatsoever of GAIL I. GARDNER, I nominate, constitute and
appoint my daughter, ANGELA R. LANDI, as Executrix of this my Last Will and Testament. In
the event of renunciation, death, resignation or inability to act for any reason whatsoever of
ANGELA R. LANDI, I nominate, constitute and appoint my daughter, CABBIE E. ROBINSON,
as Executrix of this my Last Will and Testament I hereby relieve my Executrix from the necessity
of posting security in connection with her duties, as such, in any jurisdiction in which she may be
called upon to act insofar as I am able by law to do so. In addition to the powers conferred by
law, I authorize my Executrix, in her absolute discretion, to retain in the form received, and to
sell either at public or private sale any real or personal property owned by me at the time of my
death.
NINTH. I am not making provision for my son, ANDREW W. GARDNER, in this
Will.
TENTH. I have made, or may from time to time make, a written memorandum
expressing my desire to give certain items of personal property to specific persons. I urge my
Executor and beneficiaries to respect these wishes. Such a memorandum, if made, shall be
stored in conjunction with this Will.
IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my Last Will and
Testament, consisting of two typewritten pages this /Q'"~` day of
2007.
ANTHON .GARDNER
Signed, sealed published and declared by the above named Testator ANTHONY C. GARDNER
as and for his Last Will and Testament, in the presence of us, who, at his request, in his sight and
presence and in the sight and presence of each other, have hereunto subscribed our names as
witnesses.
C
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COMMONWEALTH OF PENNSYL VANIA
COUNTY OF CUMBERLAND
. SS.
I, ANTHONY C. GARDNER ,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 willingly; and that I signed it as my
free and voluntary act for the purposes therein expressed.
C
ANTHONY C. AR ER
Sworn or affirmed to and
acknowledged before me, by
ANTHONY C. GARDNER this ~ ~~ day
of G~0~~~'PyVI ~j~°X , 2007.
~~
N ary Public
COYV1MOhfWEALTFi OI° ['ENl~dsYLVANIA
NQTARIAL SEAL
JOAN D. ADAMS, Notary Public
Carlisle Boro., Cumberland County
My Commission Expires March 7, 2011
COMMONWEALTH OF PENNSYL VANIA
COUNTY OF CUMBERLAND
:SS.
and c~71,~tY~ ~~ ~-l-Qy ~'L~
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 ANTHONY C.
GARDNER sign and execute the instrument as his Last Will; that he signed willingly and that he
executed 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 that time eighteen (18) or more years of age, of sound mind and
under no constraint or undue influence.
°~~
Sworn or affirmed to and
subscribed before me by
~!~ { l ~ drn. ~ . 17J rt CG'Yl and
`9 (J~ ~ ~ ,-~"a ~''~ ~' L1 Yt ,witnesses,
this ~ ~ day of 5~~7~~ , 2007.
No Public
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
JOAN! D. ADAMS, Notary Public
Carlisle 8oro., Cumberland County
My Commission Expires March 7, 2011