HomeMy WebLinkAbout11-02-11PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF
CUMBERLAND
Estate of PAUL BURTNER
also known as
COUNTY, PENNSYLVANIA
File Number ~.,' _~~ ~ /~,~,
,Deceased Social Security Number
JOHN BURTNER
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE A' or '8' 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 04/17/2011 and codicil(s) dated
State relevant dreumstances, e.g., renunciation, death of executor, etc.
After the execution of the documents offered for probate: Decedent did not marry; was not divorced; 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 (g); did not have a child born or adopted; was not the victim of
a killing; and was never adjudicated an incapacitated person, except as follows:
B. Grant of Letters of Administration
(Ifapplicable, enter: c.t.a.; d. b.n.c.t.a.; pedente liter durance absentia; duranteminoritate)
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
Administrahon, c. t.a. or d.b.n.c.t.a., enter date of Will on Section A above 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 (g), except as follows:
Name Relationship Residence
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(COMPLETE IN ALL CASES:) Attach additional sheets if necessary. ' ~-~ ..~~ `-=' ~~
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Decedent was domiciled at death in CUMBERLAND County, Pennsylvania with his /her last principal tes~nce at ~ ~ ~'~'
301 CHESTNUT STREET, MT. HOLLY SPRINGS, PA 17065 " ; ~ -`-'
(List street address, town/city, township, county, state, zip code)
Decedent, then ~_ years of age, died on 10/17/2011 at CLARMONT NURSING AND REHAB CENTER
Decedent at death owned property with estimated values as follows:
(If domiciled in PA)
(If not domiciled in PA)
(If not domiciled in PA)
Value of real estate in Pennsylvania
All personal property
Personal property in Pennsylvania
Personal property in County
$ Over 30,000.00
Over 90,000.00
Total 120,000.00
situated as follows: 1476 YORK ROAD, CARLISLE PA 17015 AND MOUNTAIN PROPERTY IN MONROE TOWNSHIP
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
Signature Typed or printed name and residence ,
JOHN BURTNER 1476 YORK ROAD
i ,. CARLISLE, PA 17015
Form t~lty OY Rev. 12-26-2010 (interim form, pending action by the Court) Copyright (c) 2006 form software only The Lackner Group, Inc. Page 1 of 2
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Oath of Personal Representative
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COMMONWEALTH OF PENNSYLVANIA ' `~ I
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couNTYOF CUMBERLAND -
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The Petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing Petition are true and correcf~o the best of
the knowledge and belief of Petitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(s) will we
lha~ truly '~~ = T;
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administer the estate according to law. ~ ._., ~~=~~ t~
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Sworn to or affirmed and subscribed
before me this ~_ day of
Signature of Personal Representative
For the Register
Signature of Personal Representative
File Number: Z'- ~~ ~1~~~
Estate of PAUL BURTNER
,Deceased
Social S/~ec~ity Number: ~ 172-32-1~J687 Date of Death: 10/17/2011
AND NOW, ~ V U y~r~ L) ~1~ /~ ~ ~~~ , in consideration of the foregoing Petition, satisfactory proof
having been presented before me, IT IS DECREED that Letters Testamenta
are hereby granted to JOHN BURTNER
in the above estate
and that the instrument(s) dated 04/17/2011
described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent
FEES U ~~ ~~
Letters ......................................... $ d
Short Certificate(s) .............~..... $ • ~ Q
R~e~n~unciation(s) ............................ $ _
i~uf~ $ ~~b
$
$
$
ofPeisonalRepresentative JOHN BURTNER
Attorney Signature:
Attorney Name:
Supreme Court I.D. No.: 201395
Tucker Arensberg, P.C.
Address: 2 Lemoyne Drive
Lemoyne, PA 17043
$ Telephone: (717) 234-4121
$
$
TOTAL ................................... $ • ,
Form R W-t)2 Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. Page 2 of 2
~' Christopher E. Fisher
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LAST WILL AND TESTAMENT ~' `~ m ' -
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PAUL BURTNER ~ ~ -J -~~ , .. _-
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I, PAUL BURTNER, of Cumberland County, Pennsylvania, declare this to be i`riy
Last Will, hereby revoking all prior wills and codicils.
FUNERAL EXPENSES
FIRST: I direct the payment of my funeral expenses, including my gravemarker,
as soon as may be convenient after my death.
PAYMENT OF DEATH TAXES
SECOND: I direct that all taxes that may be assessed in consequence of my death,
of whatever nature and by whatever jurisdiction imposed, shall be paid from my residuary
estate as a part of the expense of administration of my estate.
PERSONAL PROPERTY
THIRD: I bequeath one half of the value of my PNC Bank account balances at the
time of my death to Anna Hunter. The account numbers for these two accounts are: 50-
7002-9549 and 50-3006-4382. I also bequeath to Anna Hunter all of my personal
property that remains in the residence that I share with Anna Hunter at: 301 Chestnut
Street, Mt. Holly Springs, Pennsylvania 17065.
DISTRIBUTION OF RESIDUE
FOURTH: I give the entire residue of my estate to my son, JOHN BURTNER.
PROTECTION OF BENEFICIARIES
(Spendthrift Provision)
FIFTH: No interest in income or principal shall be assignable by a beneficiary or
available to anyone having a claim against a beneficiary before actual payment to the
beneficiary.
POWERS OF EXECUTOR
SIXTH: I confer upon my executor the right to sell or otherwise convert any real
or personal property at public or private sale, at such time or times, in such manner, and
for such price or prices, and upon such terms and conditions as my executor shall
determine, and to execute and deliver good and sufficient conveyances, assignments and
transfers thereof, without liability of any purchaser for the application of any
consideration; to borrow money and to secure its payment by mortgage of real or personal
property, pledge of investments or otherwise, without liability on the part of the lenders to
see to the application thereof; to retain any investments at discretion; to invest and
reinvest at discretion, without restriction to so-called "legal investments;" to make
distribution in cash or in kind; and to do all other acts and things necessary or appropriate
in the management, administration and distribution of my estate.
APPOINTMENT OF EXECUTOR
SEVENTH: I appoint JOHN BURTNER executor of my will. If JOHN
BURTNER is unable or unwilling to qualify as executor or having qualified is unable or
unwilling to act, I then appoint ANNA HUNTER as executor hereof. I direct that my
executor shall not be required to furnish security in any jurisdiction.
INTERCHANGEABILITY OF LANGUAGE
EIGHTH: Words used in the singular may be read to include the plural or the
plural may be read as the singular. Similarly, the masculine form may be read to include
the feminine and neuter; the feminine may be read to include the masculine and neuter;
and the neuter may be read to include the masculine and feminine.
HEADINGS
NINTH: The headings used on the various paragraphs of this will are included for
convenience only and shall have no legal signific
I have signed this Will on this ~~ dad
Witness
VV
Witness
PAUL BURTNER
ACKNOWLEDGEMENT and AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA:
SS.
COUNTY OF CUMBERLAND
I, PAUL BUR++~~R, the testator herein, and 1~On~~ 1Z S W s~~ and
s U m ~°,~ W~t ,the witnesses to the last will, the attached or
foregoing instrument, who have signed the instrument, having been duly qualified
according to law do depose and say:
(a) that I, the testator, do hereby acknowledge that I signed and executed the
instrument as my last will, that I signed it willingly and as my free and
voluntary act for the purposes therein expressed; and
(b) that we, the witnesses, were present and saw the testator sign and execute the
instrument as his last will, that he signed it willingly and executed it 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 a witness and that to the best
of our knowledge the testator was at that time 18 or more years of age, of
sound mind and under no constraint or undue influence.
AUL BURTNER
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Witness
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Witness
SUBSCRIBED, sworn to or affirmed and acknowledged before me the above-na ed
testator and by the witnesses whose names appear above on the day of f ~'~ ,
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otary Public
HBGDB:119031-1 999999-999999
COMMONWEALTH OF PENNSYLVANIA
Notarial seal
Dawn T. Heilman, Notary Public
City of Han'isburg, Dauphin County
My Commission Expires Sept 4, 2013
Member. Pennsylvania Assrxiatinn of Nntarcoe