HomeMy WebLinkAbout02-23-11
PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND
Estate of Mamaret M. Burkett
also known as
COUNTY, PENNSYLVANIA,`
File Number 21 ~ j ~ ' v0~ `7S
,Deceased Social Security Number 198-22-8467
Deborah Troutman
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 Pettioner(s) is/are the EX@CUtrIX named in the
last Will of the Decedent, dated 09/23/2008 and codicil(s) dated
~+ T
slate refevent cacumatera;es, e.g., rtfnundeaon, rsatn a execuror, etc. w -p ~~
After the execution of the documents offered for probate: Decedent did not ma ~ was not divorced; was not a pa Idin~ll rora
wheroin grounds for divorce had been established as provided in 23 Pa. C.S.A.§ 3323 (g); did not have a child bo ed; ~9~aE not
a killing; and was never adjudiceted an incepacitated person, except as follows: .r. cr>
f .,.
~-t 'T7 _i..'
-~ __
B. Grant of Letters of
(I/appacebb, enter c.t.a.; d.b.n.c.r.a.; pedarlte lire; duronfa absentia; duranle minorik~ N ~~.r-
Petitioner(s), after a proper search, has/have ascertained that Det~dent left no Will and was survived by the following spouse (if atgl) and heirs (
Administration, c.t.a. or d.b.n.c.t.e., enter date of Will on Section A above end 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 rn 23 Pa. C.S.A. § 3323 (g), except as follows:
8 Neponsit Lane. Coma Hill. Camp Hiil Borough. Cumberland County, Pennsylvania 17011
(List street address, town/city, township, county, state, zip code)
Decedent, then ~_ years of age, died on 02H 1/2010 at ManorCare of Camp HII1, 1700 Market Street. Camp HIII, PA 17011
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) All personal property $ OVer 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 $ Over 100.000.00
situated as follows: 8 Neponslt Lane, Camp Hill, Pennsylvania 17011
tefore Petitioner(s) respectfuly 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
e undersigned:
Si nature Typed or printed name and residence
Deborah Troutman 1 O'Donnell Court
l ~ East Haven, CT OBb12
Form
Rev 12.28-2010 (interim roan, pending action by the Court) Copyright (c) 2006 /arm software only The Lackner Group, Inc.
Page 1 of 2
(COMPLETE IN ALL CASES:) Attach additional sheets if necessary.
Decedent was domiciled at death in CumbeMand County, Pennsylvania with his /her last principal residence at
. v
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF Cumberland
Oath of Personal Representative
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The Petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing Pettion are true and correct to the best of
the knowledge and belief of Pettioner(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
before me this ~ day of
of
Deborah Troutman
~..,
~,(„RSQf~he Register
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File Number: 21
Estate of Margaret M. Burkett ,Deceased
Social Security Number: 198-22-0467 Date of Death: 02H 1/2010
AND NOW, .s~~ 11 , in consideration of the foregoing Petition, satisfactory proof
having been presented before me, IT IS CREED that Letters Testamentary
are hereby granted to Deborah Troutman
in the above estate
and that the instrument(s) dated 09/2312008
described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent
FEES p~lp6 ~
Letters ...................................... .... $ .00
Short Certificate(s)............. .... $ ~d,OD~
-T.
Renunciation(s) ........................ .... $
Automation Fee $ 5.00
JCS Fee $ 23.50
Will Fee $ 15.00
$
$
$
$
$
$
TOTAL ............................... .... $ 261.50
Att
Supreme Court I.D. No
Hazen Elder Law
Address: 2000 Lins~lestown Rd
Suite 202
Harrisburg, PA
Telephone: 717-5401332
Form RW-O2 Rev. 10.13.4006 Copynghl (c) 2008 ronn ao8ware only The LaGCner Group, Inc. Page 2 of 2
Attorney name: Nicole Marie Kerns
+nv ana ?FV lm /n ~ ~
LOCAL REGISTRAR'S CERTIFICATION OF DEATH
WARNING: It is illegal to duplicate this copy by photostat or photograph.
~ Fee for this certificate, $6.00
I P 17296303
Certification Number
l/-~~/5
This is to certify that the information here given is
correctly copied from an original Certificate of Death
duly filed with me as Local Registrar. The original
certificate will be forwarded to the State Vital
Records Office for permanent filing.
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Last Will and Testament
of
MARGARET M. BURKETT
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I, MARGARET M. BURKETT, of Camp Hill, Cumberland County, and Commonwea~h of
Pennsylvania, make this my Last Will and revoke any and all of my prior Wlls.
ARTICLE I. DEBTS AND EXPENSES. I direct my Executor to pay all my just debts, funeral
expenses, and expenses of the administration of my estate from my residuary estate.
ARTICLE II. SPECIFIC BEQUEST OF PERSONAL ITEMS. I specifically give, devise and
bequeath to the following individuals the items set forth opposite their names as follows:
Clarence Burkett Luggage, oriental rugs, drapes, microwave and
cart, his mother's dishes, and kitchen table and
chairs.
Stephanie Troutman Small antique silver pitcher, Princess House
pitcher, Princess House glasses and serving
plate, dressers with mirrors, lead crystal lamp
purchased by her father, blue set of dishes
purchased by myself and her father, silver
chafing dish, cookware, and my deceased son,
Rick's, items.
Deborah Troutman Antique tea cart and silver tea set, all artwork,
including paintings done by me, rock maple
colonial desk with bookcase, all of my jewelry,
Canon camera and accessories, Hitchcock
chairs, and crystal pitcher with glasses.
If my husband, CLARENCE BURKETT, does not survive me for a period of thirty (30)
days, I hereby direct that all items above bequeathed to him be given to my daughters,
m Burkett will 9!22/08 #,502196
STEPHANIE TROUTMAN and DEBORAH TROUTMAN, or the survivor of them, and divided
between them as they shall decide. If either of my daughters, STEPHANIE TROUTMAN or
DEBORAH TROUTMAN, does not survive me for a period of thirty (30) days, I hereby direct
that all items above bequeathed to my deceased daughter be given to her sister.
ARTICLE III. PERSONAL AND HOUSEHOLD ITEMS. I direct that all of my household
furniture and furnishings, books, pictures, silverware, wearing apparel and all other articles of
household or personal use or adornment, not otherwise bequeathed, be transferred according
to a list which I intend to attach to this Will. If there is no list, or to the extent that any such items
are not included on the list, then such personal and household items shall be sold and added to
the residue of my estate or in the alternative added, in whole or in part, to the residue of my
estate as my Executor in his sole discretion may determine.
ARTICLE IV. SPECIFIC MONETARY BEQUEST. I hereby devise and bequeath the sum of
One Thousand Dollars ($1,000.00) to my good friend, MARILYN EBERLEY, of 203 Coover
Street, Mechanicsburg, Pennsylvania 17055.
ARTICLE V. RESIDUE AND REMAINDER. All the remainder of the property, both real and
personal, that I may own or that I may be entitled to dispose of at the time of my death shall be
sold, and the proceeds shall be divided into three (3) equal shares. I give, devise, bequeath,
and appoint one (1) equal share to each of my daughter, STEPHANIE TROUTMAN, my
daughter, DEBORAH TROUTMAN, and my husband, CLARENCE BURKETT. If any of the
above-named beneficiaries predecease me or fail to survive me for a period of thirty (30) days,
his/her share shall be divided equally between the remaining named beneficiaries.
ARTICLE VI. APPOINTMENT OF EXECUTOR. I appoint my daughter, DEBORAH
TROUTMAN, to be Executor of this my Last Will. In the event that she is unable or unwilling to
2
act or to continue to act in said office, then I appoint my daughter, STEPHANIE TROUTMAN, as
alternate.
Any reference to "Executor" in my Will shall be deemed and taken to include each and
every person or party named or appointed to serve as the personal representative of my estate,
whether there is one or more than one. Also, any reference to the masculine in my Will as it
relates to my Executor shall also include the feminine and the neuter wherever necessary. In
the event that a co-executor is unable or unwilling to act or to continue to act in said office, then
the other(s) may serve or continue to serve without the need for the appointment of another
co-executor. Also, in the event that co-fiduciaries have been named for one or more of the
fiduciary positions above, then a decision of the said fiduciary shall be made by a simple
majority of the co-fiduciaries.
ARTICLE VII. WAIVER OF BOND. To the extent that such requirements can legally be
waived, I direct that no Executor named in my Will or any persons succeeding in that office,
whether in the Commonwealth of Pennsylvania or elsewhere, shall ever be required to post any
bond or give any security in connection with his duties.
ARTICLE VIII. EXECUTOR'S POWERS. In addition to powers given him by law and by other
provisions of my Will, my Executor shall have the following powers, applicable to all property
held by him, and these powers shall be effective without court order and until actual distribution:
A. To sell at public or private sale, mortgage, exchange, transfer, or lease for any
period of time any real or personal property and to give options for sales, exchanges, or leases
for such prices and upon such terms or conditions as he deems proper. No purchaser shall be
held liable to see to the application of any purchase money;
3
B. To retain any and all of the assets of my estate, real or personal, in the sole
discretion of my Executor, without being restricted to investments authorized for Pennsylvania
fiduciaries and without regard to any principle of diversification or risk;
C. To delegate discretionary powers to agents, remunerate them, and pay their
expenses;
D. To collect rents and other proceeds from real estate, paying all carrying charges
and making such repairs as he may deem proper, all without the necessity of obtaining leave of
any court;
E. To carry on any business owned or controlled by me at the time of my death for
whatever period of time he shall think proper, with full powers in the property, including the
power to borrow and to pledge assets contained in my estate as security for said borrowings;
F. To exercise any rights or elections to pay death taxes in installments and to
make interest payments on such installments as a charge against the principal of my estate;
and
G. To disclaim on my behalf any interest as my Executor deems advisable.
All the foregoing powers, together with those granted by law to executors, may
be exercised by the Executor named in my Will and by all persons succeeding in said office,
including administrators with Will annexed.
ARTICLE IX. APPORTIONMENT OF TAXES. All taxes payable by reason of my death,
together with any penalties thereon, shall be paid out of my residuary estate, without
reimbursement from or apportionment among the beneficiaries, recipients, or owners of such
property for any such taxes, penalties, or interest.
4
IN WITNESS WHEREOF, I, MARGARET M. BURKETT, the Testatrix, have to this my
Last Will, typewritten on five (5) sheets of paper (inc ding the witnesses' signaturceis), of which
this is Sheet No. 5, set my hand and seal this day of , 20 ~ a .
(SEAL)
ar art .Burkett
SIGNED, SEALED, PUBLISHED, AND DECLARED, by MARGARET M. BURKETT as
and for her Last Will, in the presence of us, who at hoer request and in her presence and ' the
presence of each other, have hereunto subscribed our names as witnesses this ~I~~ day of
c.bcc~ , 20 Op .
Witness
ADDRESS ~'~„~ ~i P
~ Town an State
ADDRESS C•1 ~~ H/«, P.Q
Town and State
5
ACKNOWLEDGMENT
COMMONWEALTH OF PE~N~N~S~Y~LVANIA
C.~L~-hL~7~=.cc~unGP :SS
COUNTY OF
I, MARGARET M. BURKETT, 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 WII and Testament; that I signed it willingly; and
that I signed it as my free and voluntary act for the purposes therein expressed.
(SEAL)
Mar .Burkett -
Swom to andsubscribed before me
day of
_,,, 20~.
Expires:
(SEAL)
COMMONWEALTH OF P~ LV~~
Notarial Seal
Jean Marie Vargas Foschi, Notary Pubr~c
gu®quehanna Twp., Dauphin County
My Cpmmission Expires Jan. 74, 2010
Member, Pennsylvania Association of Notaries
AFFIDAVIT
COMMONWEALTH OF PEN~N~SYLpVANIA
~ ~ ~ ~ ~G:.YlC/~K :SS.:
COUNTY OF L~-r-v'
We, ~R/ADErrS /CAU~O and ~Y.1~ ~r~u<<-~n~uG/,/ ,
the Witnesses whose names are signed to the attached or foregoing instrument, being duly
qual~ed according to law, do depose and say that we were present and saw Testatrix,
MARGARET M. BURKETT, sign and execute the instrument as her last Will and Testament;
that Testatrix signed willingly and that she executed said Will as her free and voluntary act for
the purposes therein expressed; that each of us in the hearing and sight of the Testatrix signed
the Will as Witnesses; and that to the best of our knowledge the Testatrix was at that time
eighteen (18) or more years of age, of sound mind and under no constraint or undue influence.
Witness
Swom to an su scribed before
mi~his day of
My Commission Expires
(SEAL)
W~ ss _.
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Jean Marie Vargas Fosctti, Notary Public
Susquehanna Twp., Dauphin County
My Commission Expires Jan. 14, 2010
Member, Pennsylvania Association of Notaries
502196v1
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_---- - _ --- Notarial Seal _-- __ _ _
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- ~ Jean Marie Vargas Foschi, Notary Public
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