HomeMy WebLinkAbout09-30-11PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA
Estate of MARY ANN BURKHOLDER
also known as
, Deceased
File Number 21 ~ ~ ~" I (iT~
Social Security Number ~"!'L~~~ -4R - 5417
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 Executor named in the
last Will of the Decedent dated 12/22/04 and codicil(s) dated None
(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 instrument(s) offered
for probate, was not the victim of a killing, was never adjudicated incapacitated, and was not a party to a pending divorce proceeding at the time
of death wherein grounds for divorce had been established as provided in 23 PA C.S. section 3323 (g):
Not applicable
B. Grant of Letters of Administration
(If applicable, enter: c. t. a.; d.b.n.c.t.a.; pendente life; durante absentia; durante minoritateJ
Petitioner(s) after a proper search has /have ascertained that Decedent left no Will and was survived by the following spouse (if any) andheirs: (If
Administration, c. t. a. or d. b. n. c. t. a., enter date of Will in Section A above and complete list ofhelrs.) r-> -_ __
Decedent was domiciled at death in Cumberland County, Pennsylvania, with his /her last principal residence at
31.1 Touchstone Drive Carlisle PA 17015 So Middleton Twp
(List street address, town/city, township, county, state, =tp code)
Decedent, then 80 years of age, died on 9/8/1 1 at 31 1 Touchstone Drive
So. Middleton Township Carlisle PA 17015
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) All personal property $ `'~ C.5 (~ t~ '>
(If not domiciled in PA) Personal property in Pennsylvania $
(If not domiciled in PA) Personal property in County $
Value of real estate in Pennsylvania $ _
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
~~--~~~~~~ ~--- L. William Burkholder 311 Touchstone Drive
Carlisle PA 17015
OJ
Page 1 of 2
Form RW-01 rev. 10.13.06
(COMPLETE INALL CASES:) Attach additional sheets if necessary.
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 oi'
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 affirn~ed and subscribed ~ ~ ~ (~~--CG~(.~YLcs( ~-~-
Signature of Personal Representative L. William Burkholder
before me the ~ ~ day of
,;;--~ -
... _ :_,
~ ~ ~ n ...,
--~~~a-h'am` ~ ~L Signature of Personal Representative _" ~
~~ ;~ C7
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For the Register Signature of Personal Representative
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--
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File Number: 21 ~ ~ f ~~
Estate of MARY ANN BURKHOLDER ., Deceased
Social Security Number: Date of Death: 9/8/11
AND NOW, ~C'~?1`Y11~ ~ ,~ 7L , 2011 , in consideration of the foregoing Petition, satisfactory proof
having been presented before me, IT IS DECREED that Letters Testamentary
are hereby granted to L. William Burkholder
in the above estate
and that the instrument(s) dated 12/22/2004
described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent.
FEES ,i~.l~ r~~', p ~? ~:~~~-c,~, _
)~^~ ~" ~ Reg' ter of W' 1 r. '
Letters ............................. $ __ ~=L'~ ~ '~ o ~l-'r'~ ~,~~,~~~d/,~!
Short Certificate(s) ............ $ y (, ~ Attorney Signature: \ ~~ ~''"`-~
Renunciation(s) ~~•~~.....•.•... $ i
(,(j ~~~ $ ('~ , (~~ Attorney Name: No V. Otto III
"" $ ~~ ~Ci Supreme Court LD. No.: 27763
..,. $ Address: 10 E High St
.... $
$ Carlisle,
.•.• $ PA 17013
.... $
$ Telephone: 717-243-3341
TOTAL ... ~
Form RW-02 rev. !0.13.06 Page 2 of 2
OCAIL REGISTRAR'S CERTIFICATION OF DEATH
WARNING: It is illegal to duplicate this ropy by photostat or phot~tograpt).
i :~e Ian thi,, certificate, `~b.fl(I
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COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS
CERTIFICATE OF DEATH
(See instruetlons and examples on reverse) „_._.. _„ _ .,,
,. Name of Decedent (First, midtlle, last, sumx) Mary Ann Burkholder 2. sax 3. nodal Security Number 4. Date a Deem (Monm, eery, Year)
Female 466 _ 48 _ 5417 September 8, 2011
5. Age (Last Birthday) Under t Under 7 6. Dek d &rM Mwm, tla , err 7. lace ell slate w Iw ei tWnt ga. Place a Deem Check on orre
80 Monlns Days HWrs Mlnules
Dec . 22 / 1930
Temple , TX MosDilal: ~Olher'.
vra ^ Inpatlent ^ ER /Outpatient ^ DOA ^ Nursing Hama ~ Resitlerxxf ^ Omer - Speay:
g0. Couny of Death &. Cdy, Sono, Twp. a Deem
• Cumberland Btl. Feelity Name (d na instilulial, give sheet end number) 9. Wes Decadent a Hlapenlc Origin? ~ No ^Ves 1D. Race: American Indian, Black, While, etc
S. Middleton Twp. 311 Touchstone Drive, Carlisle/ PA °'~e'ap~'"jCo6en'
' (spaayy)
Mex
ICan, Puerto Rlran, etc.) White
11. Decedent's Usual don KIM of work tlorte tl most a world Ne. W not stale reared 12. Was DecetlaM evw in the 13. Decedent's Educedon (Speay mry hlghasl grade compMtetl) td. Marital Status: Marled, Never Marred, 15. $uruivirg Spouse (If wife, gh+e mai0en name)
Kill of Work Kind a Susinessllntlustry U.S. Armed Forces? Elements ! Seconder P12 GDIIe WitloweE, ONOrced (SpeayJ
N ry ( 1 9e (1~4 or 5+)
Homemaker Own Home ^Yaak7ND 1 Married L. William Burkholder,
1 Mtilin Add Sbee,, /Iwyn slate, zip axle)
ouc9is~~ne `Drive DecedenYS Dk Decedent
PA
ActualResitlenca 17a Slate
Liveina
17c ~' Yes, Decedent Lived in
S. Middleton _Twp.
Carlisle, PA 17015 Township?
Cumberland vd
^ No
Deaedern rrvea wi min
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,
nb. canny
Actual Limits o, Ciryl Borer
e.FatheraNama(PirsLmiddle,lesLeafix) Arthur Buckner Wall ,s.MamereName(F Lmktlle,meidenaumamej Ann Keeble
zoo. Imarmem a Name (Type / PrInQ L . W i 11 lain Burkholder , Jr . I t'a Mail Addaee street n
~'3~~T000hstone `fir ve;npCarlisle/ PA 17015
2t a. Mamotl of Disposition ~Crema,bn ^ Ddnalbn
• 2tb. Dale of Disposition (Monm, day, year) 21c. Place of Disposition (Name a cemetery, cremeary or Omar place) 21 tl. LocalM (City/town, slate, zip cetle)
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esal ^ RemOValhomState ~ y
C~iionarDOreUwrAamodaed Sept. 12, 2011 Hoffman-Roth Funeral Home & Carlisle
PA 17013
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Exapyner/COroneYl Ves^ Na /
.Signature of F rat Service Lice 8 person acn s ,) 22b. License Number 22c. Name and Address of Featly HO man-Rot Funera Home & rematory
- 010343E 219 North Hanover Street/ Carlisle/ PA 17013
Canplek items 23ec Doty when certilyr : To s t a my Nrmwledga, deem acurr d al me b , date all place s,atetl. (Signature and MM) 23b. License Number 23c. Date Signed (Monm, day, year)
i,nysiaan is na eveiM0le at time of deem to
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Iteme 2428 must ce complared by person 24. Time of Deem 25. Dale Promwtced Deetl (Monm, day, year) 2fi. We Casa Relened m Medal Examiner I Crooner fro a Reason Other man Cremation w Donation?
who prwmurrces eaam. ~ M. U Z~ ^ Yes o
CAUSE OF DEA (See Inehuctlona and a be) r ApproximaM interval
Item 27. Part I: Entw me chew of events - tlismses, hjunes, w wmplicaBOns ~ met erectly reused Bte deem. DO T enter tennlnal events such as cerdMc anent. Onset to Death
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WI not resulting in me underrying reuse given in Pen I. 2g. Did Tobacco Use CantnbuM to Deem?
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^ Urnkrlown d pregnant mmin me past Rar
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Pertormed? Sob. Wwe Autopsy Findings
Aveilelile Prior to Com
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n 31. Mannar of Death 32a. Date of Injury (Monm, tlay, year) 32b. Describe How Injury Onxurretl 32c Place d Injury Home, Fam, SVeet, Factory,
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of Cause of Deem?
~1Nelural ^ Homkida Office BuiMirg, etc. (Spetilyf
^ Ves No ^ yes ^ No ^ Amdent ^ Pentling Investigation 32tl. Time of Injury 32e. Injury at Work? 321 It Traraponetkn Inryury (SpedyJ 32y. Location of injury IStreel, city! rown, slate)
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F:\FILES\DATAFILE\Estate Planning\5932.1-W. WILL.2004
LAST WILL AND TESTAMENT
I, MARY ANN BURKHOLDER, of 97 Winding Oak Drive, Callawassie Island, Okatie,
South Carolina, being of sound and disposing mind and memory, do hereby make, publish and
declare this to be my Last Will and Testament, hereby revoking any and all former Wills or
Codicils by me made.
ITEM ONE
I direct that all my legally enforceable debts, funeral expenses, testamentary expenses and
all inheritance taxes shall be paid to the extent possible from the assets held or<p~assing under _t~
ITEM FOUR hereof as soon as practicable after my decease anal as part of the adi~n~~stratian of ~ ~_~
:-~-,
my estate. - '
ITEM TWO - '
In the event my husband shall predecease or fail to survive me by thirty (30) d~-ys-,-then I gide ~~ ,
such items of personalty as are itemized in a certain list, if any, attached hereto to the persons narn~d `~ ~~ `~=~
thereon, which list is signed and dated by me at the end thereof.
If my husband, L. WILLIAM BURKHOLDER, JR., is living thirty (30) days after my
death, then I give, devise and bequeath all of my estate, both real and personal property, unto my
said husband, L. WILLIAM BURKHOLDER, JR., absolutely. If my said husband does not so
survive me, then I give, devise and bequeath all of my estate, both real and personal property,
unto my Trustees to be held or distributed by such Trustees under the provisions of ITEM FOUR
hereof as applicable.
ITEM THREE
In the event my said husband, L. WILLIAM BURKHOLDER, JR., shall disclaim all or
any portion of any devise or bequest made to him under the foregoing ITEM TWO, then the
amount otherwise payable shall be held by my Trustees under ITEM FOUR hereof. For
purposes of the Trust established under ITEM FOUR hereof, my said husband shall not be
deemed to have predeceased me by virtue of his exercise of the right to disclaim set forth herein.
ITEM FOUR
RESIDUARY AND DISCLAIMER TRUST
My Trustees shall hold the assets received under ITEMS TWO and THREE hereof, if
any, for the following purposes:
~h~~:~
M.A.B.
Page 1 of 7 Pages
A. M_y Trustees shall pay the net income, at least quarter-annually, to my husband,
L. WILLIAM BURKHOLDER, JR., for life. In addition, my Trustees in their sole discretion,
may invade the principal of the Trust to provide for the proper and adequate support of my
husband, L. WILLIAM BURKHOLDER, JR..
B. In addition to the above provisions, my said husband shall have the power to direct
my Trustees to pay to him or to apply out of the principal of this Trust in each year, including
the year of my death, an amount not in excess of the greater of Five Thousand ($5,000.00)
Dollars or five (5%) percent of the then aggregate value of the principal of this Trust. This
power shall be noncumulative and may be exercised only by an instrument in writing signed by
him and delivered to my Trustee within the first thirty (30) days of fiscal year of this Trust.
C. Upon the death of my said husband, L. WILLIAM BURKHOLDER, JR., my
Trustee shall hold the principal of the Trust as follows:
1. Forty percent (40%) thereof shall be distributed in equal shares to my
grandchildren, STEPHANIE LYNN KERR, TIMOTHY ANDREW KERR, JOHN
ROBERT KERR and KRISTINA ANNE KERB. The share of anv ~f n,v ca;ri
grandchildren who shall be under the age of twenty-five years at the time of distribution
shall be held by my Trustee and the net income therefrom shall be used for the support,
maintenance and education of said beneficiary. My Trustee shall also use as much of the
principal as shall be deemed necessary for said purposes. The principal and any
accumulated income of any such share held in trust shall be paid to such grandchild as
follows: One-half ('/2) thereof upon said beneficiary's attaining the age of twenty-one
(21) years, and the remainder of such~share upon said beneficiary's attaining the age of
twenty-five (25) years.
2. Sixty percent (60%) thereof shall be distributed in equal shares to my
children, KATHRYN BURKHOLDER KERR and L. WILLIAM BURKHOLDER III,
absolutely.
M.A.B.
Page 2 of 7 Pages
ITEM FIVE
POWERS OF EXECUTORS AND TRUSTEES
In addition to the powers conferred by case law, by statute, and by other provisions
hereof, my Executor and Trustees and their successors, shall have the following discretionary
powers applicable to all property held by them which powers shall be effective without order of
any court and shall exist until final distribution:
A. To retain any property of any nature received by them for whatever period they
shall deem advisable;
B. To invest and reinvest all or any part of said property in such stocks, bonds,
securities or other property, real or personal, as in their discretion they shall deem proper,
without regard to stahites limiting the property which a fiduciary may purchase;
C. To sell, transfer, exchange or otherwise dispose of, any part of said property, for
cash or on terms, publicly or privately, or to lease, even for a term exceeding five (5) years or
the duration of any trust herein, without liability on the purchasers or lessees to see to the
application of the proceeds, and to give options for these purchases without the obligation to
repudiate them in favor of a higher offer;
D. To execute and deliver any deeds, leases, assignments or other instruments as may
be necessary to carry out the provisions of any trust hereunder;
E. To borrow money, including the right to borrow money from any bank and to
mortgage or pledge any asset of the estate as security;
F. To assume continuance of the status of any beneficiary with regard to death,
marriage, divorce, illness, incapacity and the like in the absence of information deemed reliable
without liability for disbursements made on such assumption;
G. To pay from the trust, or the income therefrom, all debts or claims against my
estate, or any taxes or similar charges on my estate;
H. To make any distribution ]zereunder either in kind or in money, or partially in kind
and partially in money. Distribution in kind shall be made at the market value of the property
.',,~ f ?.
M.A.B.
Page 3 of 7 Pages
distributed, and my Trustees, in their absolute discretion, may cause the share distributed to any
distributee to be composed of property similar to or different from that distributed to any other
distributee;
I. To exercise any subscription right in connection with any security held hereunder,
to consent to or participate in any recapitalization, reorganization, consolidation or merger of any
corporation, company or association, the securities of which may be held hereunder, to delegate
authority with respect thereto, to deposit investments under agreements, to pay assessments, and
generally to exercise all rights of investors;
J. To invest in endowment, insurance or annuity policies on the lives of beneficiaries
of any trust hereunder;
K. To continue in any partnership, joint venture, joint ownership or other business
enterprise of which I am a part at the time of my death;
L. To compromise claims;
M. To continue for whatever period of time as they shall deem necessary any
ownership as a tenant in common or as a partner, in real estate or other property and to act as I
could have done had I been living;
N. To lend money to my estate or to any trust created hereunder or to purchase from
the estate or from any trust created hereunder, at the market value thereof at the time of purchase,
any securities or other property tendered to them by my estate or any trust created hereunder at
any time and from time to time within a period of nine (9) months after my death;
O. In the event that any amounts are payable hereunder or under any trust created
hereunder to a minor, or to a person otherwise under legal disability, or to a person not
adjudicated to be an incapacitated person, but who, by reason of illness or mental or physical
disability is, in the opinion of fiduciary(ies) hereunder, unable to properly administer such
amounts, such amounts may be paid by the fiduciary(ies) hereunder in his, her or their sole
discretion in any of the following ways as he, she or they may deem best:
. M.A.B.
Page 4 of 7 Pages
1. Directly to such beneficiary;
2. To a legally appointed guardian of such beneficiary for the benefit of such
beneficiary;
3. To a person having custody of such beneficiary for the benefit of such
beneficiary;
4. By the fiduciary(ies) hereunder using such amounts directly to the benefit
of such beneficiary.
Evidence of the application or payment of an amount in such a manner shall be a full and
complete discharge of the fiduciary(ies) hereunder to the extent of such payment or application.
This paragraph shall be applicable to payments of income as well as principal.
P. To employ agents, attorneys and proxies and to delegate to them such power as
mypersonal representatives and Trustees consider desirable and to pay reasonable compensation
for such services as may be rendered by such agents, attorneys and pl•oxies;
Q. To do all other acts in their judgment necessary or desirable for the proper
management, investment and distribution of my Estate.
ITEM SIX
PROTECTIVE PROVISIONS
All income or principal held for the use and benefit of any trust hereunder shall not be
many way or manner subject to anticipation, assignment, pledge, sale or transfer, nor shall any
such interest, while in the possession of my Trustees, be liable for or subject to the debts,
contracts, obligations, liabilities or torts of any beneficiary, or to attachments, executions or
sequestrations under process of law.
ITEM SEVEN
APPOINTMENT OF EXECUTORS AND TRUSTEES
I nominate, constitute and appoint my said husband, L. WILLIAM BURKHOLDER, JR.,
as Executor of my estate. In the event that my said husband shall predecease me or fail to act
as Executor, then I appoint KIRBY KENDEL BURKHOLDER as Executor of my estate.
M.A.B.
Page 5 of 7 Pages
I hereby appoint my said husband, L. WILLIAM BURKHOLDER, JR., and KIRBY
KENDEL BURKHOLDER as Trustees of any trust created hereunder. In the event that both my
said husband and KIRBY KENDEL BURKHOLDER shall fail or be unwilling to act or continue
to act as Trustees, then I appoint my children, KATHRYN BURKHOLDER KERR and L.
WILLIAM BURKHOLDER III, or the survivor of them, as Trustees of any trust created
hereunder.
ITEM EIGHT
WAIVER OF BOND
I direct that neither my Executor nor my Trustees, or their successors, shall be required
to file any bond in any jurisdiction to secure the faithful performance of their duties, nor shall
they be required to obtain any order or approval of any court for the exercise of any power or
discretion set forth in this Will.
IN WITNESS WHEREOF I have hereunto set my hand and seal this ~a "day of
,0200.
~,
Mai`y A1tiin Burkholder
SIGNED, SEALED, PUBLISHED AND DECLARED by the above-named Testatrix,
as and for her Last Will and Testament, in the presence of us, who at her request, have hereunto
subscribed our names as witnesses thereto, in the presence of the said Testatrix and of each other.
;,
/~ritc~ ~
Page 6 of 7 Pages
I, Mary Ann Burkholder, the Testatrix, sign my name to this instniment this day of
aDU'S~, and being first duly sworn, do hereby declare to the
undersigned authority that I sign and execute this instrument as my last will and that I sign it
willingly, that I execute it as my free and voluntary act for the purposes therein expressed, and
that I am eighteen years of age or older, of sound mind, and under no constraint or undue
influence.
,/ % ~,
Mary Ann Burkholder
We, I y~ V . ~ T7 b ~~ and U/~~r~r~,~ ~ _ 1471
the witnesses, sign our names to this instrument, and we, being first duly sworn, do hereby
declare, generally and to the undersigned authority, that the Testatrix signs and executes this
instrument as her Last Will and that she signs it willingly, and that each of us, in the presence
and hearing of the Testatrix, hereby signs this Will as witness to the Testatrix's signing, and that
to the best of our knowledge the Testatrix is eighteen years of age or older, of sound mind, and
under no constraint or undue influence. ~.
Address /y t,-, f f~ ~, S~ .
U /~ , /~'
Address --~ C. ~~~,~.
COMMONWEALTH OF PENNSYLVANIA )
SS.
COUNTY OF CUMBERLAND ;
Subscribed, sworn to and acknowledged before me by T~Iary Ann Burkholder, the
Testat~r/i~, and subscribed and sworn to before me b}j ~ ~0 V . ~ 7"Ta Tom--- and
(/~~-TO n-i /a ~ _ D~f ,the witnesses, this ~ day of _~~ ~~ ~,_. ,
~~•
~~~~ (SEAL)
(Commission Expires)
NOTARIAL SEAL
CORRINE L. MYERS, NOTARY PUBLIC
CARLISLE BORO, COUNTY OF CUMBERLAND
MY COMMISSION EXPIRES MAY 27, 2007
Page 7 of 7 Pages