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HomeMy WebLinkAbout12-06-12PETITION FOR GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Petitioner(s) named below, who is/are 18 years of age or older, apply(ies) for Letters as specified below, and in support thereof aver(s) the following and respectfully requests the grant of Letters in the appropriate form: Decedent's Information Name: Robert A Barge a/k/a: a/k/a: a/k/a: Date of Death: 11/24/2012 Decedent was domiciled at death in Cumberland principal residence at g23 S. Humer Street, Enola 17025 Street address, Post Office and Zip Code ._~~ ~ File No: 21 - 12 (Assigned by Register) Age at Death: 50 PA East Pennsboro City, Township or Boroug (State) with his/her last Cumberland County Decedent died at Holy Spirit Hospital East Pennsboro Cumberland PA Street address, Post Office and Zip Code City, Township or Borough County State Estimate of value of decedent's property at death: If domiciled in Pennsylvania .......................All personal property $ If not domiciled in Pennsylvania .................Personal property in Pennsylvania $ If not domiciled in Pennsylvania ................. Personal property in County $ Value of real estate in Pennsylvania........... $ 5,000.00 104,400.00 TOTAL ESTIMATED VALUE 109,400.00 Real estate in Pennsylvania situated at 823 S. Humer Street Enola, East Pennsboro Township Cumberland (Attach additional sheets, if necessary.) Cit Townshi or Borou h County Street address, Post Office and Zip Code y~ p g ^X A. Petition for Probate and Grant of Letters Testamentary Petitioner(s) aver(s) that he/she/they is/are the Executor(s) named in the Last Will of the Decedent, dated 11/01/2012 and Codicil(s) thereto dated (State relevant circumstances, e.g., renunciation, death of executor, etc.) Except as follows: after the execution of the instrument(s) offered for probate, Decedent did not mar , was(g)Ot divorced, was not a party to a pending divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa. C.S. ~§ 3323 and did not have a child born or adopted; and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. ^X NO EXCEPTIONS ^ EXCEPTIONS ^ B. Petition for Grant of Letters of Administration (If applicable) c.t.a.; .n.; .n.c.t.a.; pe ente ite; urante a sentia; urante mmontate 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. nx23 Pa C S~§ 3323 (g) and wasn~eitheathe~iptim of adkill~ng nor everdadg d Gated ane gcapacit teddpersonhad been established as defined NO EXCEPTIONS ^ EXCEPTIONS 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 (attach additional sheets, if necessary): Name ~ Relationship Form RI/V OZ rev. 10-11-2011 County, Address ~. . ~ ~ ~ ~ ~ ° ~ D .. ' a. ~s ~ 6 ~ ' ~',~ ~~ Copyright (c) 2011 form software only The Lackner Group.,"trr'c ~ ..,, ~ '~ Page 1 of 2 ;-~ ~ ~~ ~~ Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF Cumberland } Petitioner(s) Printed Name Petitioner(s) Printed Address Bruce J. Barge 600 Steinhour Road York Haven, PA 17370 Official Use Only c--_.: ~ © ~`~~ c~ ,, rn .ate- „ ,,.-,., ~,,., .,. The Petitioner(s) above-named swear(snal Re rresent tive(s) of the Dece fontgPetl~tion titioj w ie tr ~eand trulymstebthe~atekaUt~eing to aw. belief of Petitioner(s) and that, as Perso p ;~~~~~ ~...._, "`` Date / Sworn to or"ail med and u scribed efore'~ v~'.~~ /+- Date me th~~ ~a _ of ~ ~ ~ Date By: Date For e Register BOND Required? ~ Yes ~ No FEES Lette rte ............................ . c ~) Short Certificate(s) ~ )Renunciation(s)...., ~ )Codicil(s) .............. ~ )Affidavit(s)............ Bond .................................. Commission ....................... Other To the Register of Wills: Please enter my appearance ay my signaturC uC~~W. Attorney Signature: l Printed Name: Robert P Kline Supreme Court 58798 ID Number: Firm Name: Kline Law Office 714 Bridge Street Address: P.O. Box 461 New Cumberland, PA 17070 Phone: 717/770-2540 Fax: 717/770-2553 E-mail: ~1 , ~.: yr ~_y~, . ~ ,3 ~- .$ ~~~ ~ f' Automation Fee JCS Fee........... TOTAL ............. DECREE OF THE REGISTER Date of Death: 11/24/2012 Social Security No: 202-46-6716 File No: 21 - 12 ~-- Estate of Robert A Barge a/k/a: Q ~m ~~ l ~ , in consideration of the foregoing Petition, AND NOW, ' satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to Bruce J. Barge in the above estate and (if applicable) that the instrument(s) dated 11/01/2012 .- described in the Petition be admitted to probate and filed of record a ~~ I~t~Wi~~d Codjfi (s)~ofn®~e J. i'.k~"i" //'~ZY_~-~~~~~~ Register of Wills Form RW-OZ rev. 10-11-2011 Copyright (c) 2011 form software only The Lackner Group, Inc. ~j r. r.~w ; ; ~ ~3 ' LAST WILL AND TESTAMENT r. ` t ~"i ~, ~~ m~~ .....~~.~ OF ~~,~ ~} ~~~~~ ;~ ~~ ~~ ~ _.t, ROBERT A. BARGE ~~ ~ ~~°~ ~' w ~' ~ I, ROBERT A. BARGE, of East Pennsboro Township, Cumberland County, Pennsylvania, being of sound and disposing mind, memory and understanding, do make, publish and declare this to be my Last Will and Testament, hereby revoking and making void all previous Wills and Codicils heretofore made by me. _~ ~~ FIRST I order and direct my personal representative hereinafter named to pay all of my just debts, funeral expenses, expenses involved or connected with the administration of my estate, and all federal, state, or other death taxes payable because of my death with respect to the property forming my gross estate whether or not passing under this Will as soon after my death as is reasonably possible. However, my personal representative need not accelerate and pay those urllnatured obligations which, in his, her or its opinion, it might be proper and more advantageous to retain or renew and pay as they become due and payable. If I do not own a burial plot or a grave marker at the time of my death, I authorize my personal representative, in his, her, or its sole Page 1 of 6 Pages discretion, to purchase a burial plot and to erect a suitable marker at my grave, and to expend sums from my estate for this purpose. SECOND At the time that I make this Last Will and Testament, I am legally married to BETHANY BARGE. However, as we have been separated for many years, I have not made any provision for her in this, my Last Will and Testament. THIRD I give, devise, and bequeath my entire estate together with all insurance proceeds thereon of whatever nature and wheresoever situate to the following beneficiaries, providing that they survive me by sixty (60) days, per stirpes, as follows: thirty-five (35%) percent to my son, RYAN R. BARGE; thirty-five (35%) percent to my daughter, DANIELLE R. BARGE; and thirty (30%) percent to my stepdaughter, APRIL C. FROCK. RTH FOU ~. . If, at the time of my death, any beneficiary of this my Last Will and Testament is under the P•,., age of thirty-five (35) years or is, in the judgment of my personal representative, mentally disabled, I give, devise and bequeath said beneficiary's share to my Trustee, my father, BRUCE J. BARGE, in Trust for said beneficiary, in accordance with the paragraphs below. If BRUCE J. BARGE is unwilling or unable to serve for any reason, I appoint my sister, SHELLEY DILLON, to serve instead. FIFTH During the terms of any trust created pursuant to this Will the Trustee is authorized to expend and apply so much of the net income and principal of each such trust as the Trustee shall consider advisable for the health, maintenance, support, and education (including college Page 2 of 6 Pages education, undergraduate and graduate) of each such beneficiary until he or she attains thirty-five (35) years of age, or until all such amounts are paid out of the Trust. When the beneficiary attains the age of thirty-five (35) years or is in the judgment of my Trustee mentally sound whichever event occurs later, the Trust shall terminate and the remainder thereof shall be paid to said beneficiary. If said beneficiary shall die before the termination of said Trust, the Trust shall terminate and the remainder thereof shall be paid in accordance with the paragraphs above. I direct that no Trustee shall be required to give or post bond for the faithful performance of the Trustee's duties in this or any other jurisdiction. SIXTH My Executor and Trustee are authorized and empowered to exercise from time to time in his, her or its sole discretion and without prior authority from any Court, in respect of any property forming part of any trust hereby created or otherwise in its possession hereunder, all powers conferred by law upon trustees or executors and I intend that such powers be construed in the broadest possible manner. SEVENTH No interest of any beneficiary of my estate, either in income or in principal, shall be subject to anticipation or pledge, assignment, sale or transfer in any manner, nor shall any beneficiary have the power in any manner to charge or encumber his or her interest either in income or principal, nor shall the interest of any beneficiary be liable or subject in any manner while in the possession of my personal representative for the liability of such beneficiary. Page 3 of 6 Pages EIGHTH I nominate, constitute and appoint my father, BRUCE J. BARGE, Executor of this my Last Will and Testament. In the event BRUCE J. BARGE is deceased, unable or unwilling to serve or shall cease to serve for any reason whatsoever, then I nominate, constitute and appoint my sister, SHELLEY DILLON, to serve instead. I direct that my personal representative shall not be required to give or post bond for the faithful performance of his, her or its duties in this or any other jurisdiction. NINTH I hereby declare it to be my expressed desire that my personal representative employ Kline Law Office of New Cumberland, Pennsylvania, for legal advice and assistance regarding this my Last Will and Testament, said attorneys having considerable knowledge of my affairs, views and wishes respecting any matters that may arise at the probate of this instrument, the administration of my estate, and the execution of the powers herein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand to this my Last Will and is l ~ ~ da of ~~~1 ~~~~~~~~~= ~ , 2012. Testament th Y ~` .. `< ), Witness ROBERT A. BARGE ;, --~ _ ' n Wetness Page 4 of 6 Pages ACKNOWLEDGEMENT COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND I, ROBERT A. BARGE, the Testator whose name is signed to the attached or foregoing instrument, having been duly qualified according to the law, do hereby acknowledge that I signed and executed the instrument as my Last Will and Testament; that I signed it willingly, and that I signed it as my free and voluntary act for the purposes therein expressed. ~~ BERT A. BARGE Sworn or affirmed and acknowledged before me by ROBERT A. BARGE, the Testator, this ~ `' ` day of ~L'~ i ~ ~~ _~ ~ t ~ ~. ~ Z___ , 2012. ,,. .,. , ~`G`'~ ~.- G%~-i C. (J C~-.sue.:-~iG J_ NOTARY PUBLIC COMMON'JVEALTH OF PENNSYLVANIA NOTARIAL SEAL SHARC?N R. FEISTER, Notary Public New Cwnberland Boro., Cumberland Co. My Commission Expires April 15, 2015 Page 5 of 6 Pages AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND t '~, ~ ~ ~ n ~ and w~ ~= ~' ~1,) ~~ ~" ! C ` ~, ,the witnesses whose names are attached to the foregoing document, being duly qualified according to the law, do depose and say that we were present and saw Testator sign and execute the instrument as his Last Will and Testament; that he signed willingly and that he executed it as his free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing and sight of the Testator signed the Last Will and Testament as witnesses and that to the best of our knowledge the Testator was at the time 18 or more years of age, of sound mind and under no constraint or undue influence. -~ ,--- ~ ~ ,~ ~1,~~--rte ~ _.. -~ ~~ ~ ~~ ~~ ~ ~ ___ ___ Sworn or affirmed and subscribed before me by G>~-~~ . `` . -~ ~ i ~.~ ~. and ~ ~ .~T ,; L rI/~`~t,'~ ~ ,~~,.a s ,~.~ ~ this day of .~ G~xfc~rn.y~-= ~- ~ 2012. _.__ ]~1OTARY PUBLIC COMMO!~'NEALTH OF PENNSYLVANIA NOTARIAL SEAL SHARON R. FElSTER, Notary Public New Cumberland Boro.,Cumberland Co. My Commission Expires Aprii 15, 2015 Page 6 of 6 Pages