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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 ~ ,,m -T~ _: .-- . ~~, rrl .; , ,~ - t__ (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. ' ~-~ ..~~ `-=' ~~ _. ,, .. 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 `? ~~~ Oath of Personal Representative ~~~~ , ~~- , ~ ~, , ~ _ COMMONWEALTH OF PENNSYLVANIA ' `~ I SS ?~ 1~., } couNTYOF CUMBERLAND - ,,- ~ ~._) -~-i 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; ~ administer the estate according to law. ~ ._., ~~=~~ t~ - L... , ~ - ~ - ~. . 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 ~~ ;- LAST WILL AND TESTAMENT ~' `~ m ' - --_ -~ r~ - ~ ,;;; PAUL BURTNER ~ ~ -J -~~ , .. _- .,. .l~ ~ r ;Ti 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 ~(~q ~ ~.51~` Witness YY1~l~ ~~/V~- 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 ~'~ , 20~_. ~~ I 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