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HomeMy WebLinkAbout05-03-13 Reset PETITION 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 request(s)the grant of Letters in the appropriate form: Decedent's Information 2 Name: F. CLYDE BURGETT File No: a/k/a: FRANK CLYDE BURGETT (Assigned by Register) a/k/a: a/k/a; Social Security No: Date of Death: 04/17/2013 Age at death: 83 Decedent was domiciled at death in CUMBERLAND County, pENN9YI VANIA (state)with his/her last principal residence at 3605 SPRING ROAD,CARLISLE 17013 MIDDLESEX CUMBERLAND Street address,Post Office and Zip Code City,Township or Borough •County Decedent died at 3605 SPRING ROAD CARLISLE 17013 MIDDLESEX CUMBERLAND_ PENNSYLVANIA 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 $ 12,000.00 If not domiciled in Pe nnsy lvania. . .... .... ..... ......... Personal property in Pennsylvania $ If not domiciled in Pennsylvania. .... ..... ..... ....... .. Personal property in County $ Value of real estate in Pennsylvania........ ..... ... .... .... ...... ....... ... ......... ... ..... $ 215 0)0.(10 TOTAL ESTIMATED VALUE. ... $ 227.000.00 Real estate in Pennsylvania situated at: 3605 SPRING ROAD,CARLISLE 17013 MIDDLESEX CUMBERLAND (Attach additional sheets,ifnecessary.) Street address,Post Office and Zip Code City,Township or Borough County ® A. Petition for Probate and Grant of Letters Testamentary Petitioner(s)aver(s)he/she/they is/are the Executors)named in the last Will of the Decedent,dated APRIL 16,2010 and Codicil(s) thereto dated ANNETTAA H1 lHGFTT DIED ON APRII,_22,2013 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 marry,was not 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(g),and did not have a child bum or adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. NO EXCEPTIONS 0 EXCEPTIONS El B. Petition for Grant of Letters of Administration (If applicable) c.t.a.,d.b.n.,d.b.n.c.t.a.,pendente lite,durante absentia,durante minoritate 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. Except as follows: Decedent 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(g)and was neither the victim of a killing nor ever adjudicated an incapacitated person. 0 NO EXCEPTIONS Q 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): C �;, = m M c� Name Relationship Addresm p rJnl ^ N T (j O "-q G"7 G 'Y7 w _r: n n O o Form RW-02 rev. 10/11/2011 Page I of 2 Oath of Personal Representative Official Use Only COMMONWEALTH OF PENNSYLVANIA i } SS: RECC COUNTY OF CUMBERLAND } RCf} CFr!C ctt � !?r i Petitioner(s)Printed Name Petitioners)Printo r DENNIS RALPH GUTSHALL 3541 SPRING ROAD CARLISLE,PA 17013 90j 10 CAROLYN GUTSHALL FRISCHKORN 15 WILD ROSE LANE,MECHANICSBURG,PA 17t{fatS ER} PHANS, Como C©UI tVQ CC., PA The Petitioner(s)above-named swears)or affirm(s)the state is in the Foregoing Petition are true and correct to the best of the knowledge and belief of Petitioner(s)and that,as Personal Representatives)of the a edent,the Peti Toner )will wolf a d t minister the estate according to law. Sworn to or affirmed and subscribed before�� _ Date 3— me th� �day olf, [71111. ) _Date e^ 3 1 By: y Date For 1by,Regis12r Date BOND Required: 0 YES Q NO To t&e Register of Dills: FEES: Please enter my appearance by my signature below: Letters . . . . . . . . . . . . . .. .. .. . . . S 310.00 Attorney Signature: ( 3 )Short Certificate(s).. . . .. 15.00 ( ) Renunciation(s).. . . . . . . . ( )Codicii(s). . . . . . . . . . . . . { )Affidavit(s).. ..... . . .. . Bond_ . . .. .. .. .. .. . . .. .. ... . Printed Nam : DOUGLAS G.MILLER,ESQUIRE Commission. . . . . . . . . . . . . . . . . . Supreme Court Other . . . . . .. . ID Number: 83776 WILL . .. .. . . . 15.00 INVENTORY .. .. .. .. 15.00 Firm Name: IRWIN&McKNIGHT,P.C. INH TAX RETURN . . . . . . . . 15.00 Address: 60 WEST POMFRF.T STREET • • • CARLISLE PA 17013 Phone: (717)249-2353 Automation Fee. 5.00 Fax: (717)249-6354 JCS Fee. . .. . . .. .. . . .. . . .. .. . 23.50 Email: TOTAL. . . . . . . . . . . . . . . . . . . . . S 398.50 DECREE OF THE REGISTER i� r Estate of F.CLYDE BURGETT File No: cp � — 13 "��G a/kla:FRANK CLYDE BURGETT AND NOW, W0 1A 3 12-013 in consideration of the foregoing Petition, satisfactory proof having beei5 presented before me,IT IS DECREED that Letters TESTAMENTARY are hereby granted to DENNIS RALPH GUTSHALL AND CAROLYN GUTSHALL FRISC14KORN in the above estate and(if applicable)that the instrument(s)dated APRIL 16 2010 described in the Petition be admitted to probate and filed of record as the last Will(and Codicil(s))of Decedent. — Register of Wills Form RW-02 rev. 10/11/2011 ge 2 of 2 LAST WILL AND TESTAMENT 1, F. CLYDE BURGETT, of Middlesex Township, Cumberland County, Pennsylvania, being of sound mind, disposing memory and full legal age, do hereby make, publish and declare this to be my Last Will and Testament, hereby revoking all Wills and Codicils heretofore made by me. 1. I direct my Executrix or Substitute Co-Executors, as the case may be, to pay all of my debts, funeral and administrative expenses as soon as convenient after my decease. Furthermore, I direct that all state, inheritance, succession and other death taxes imposed or payable by reason of my death and interest and penalties thereon with respect to all property composing of my gross estate for death tax purposes, whether or not such property passes under this Will, shall be paid by the Executrix or Substitute Co-Executors of my estate. 2. My Executrix or Substitute Co-Executors may, at her or their discretion, compromise claims, borrow money, retain property for such length of time as she or they may deem proper; lease and sell property for such prices, on such terms, at public or private sales, as she or they may deem proper; and invest estate property and income without restriction to legal investments unless otherwise provided hereunder. 3. I authorize and empower my Executrix or Substitute Co-Executors to sell any realty and/or personalty owned by me at my death and not specifically devised or bequeathed herein, at public or private sale or sales and to give good and sufficient deeds and/or bills of sad therefore c ca rn rn in fee simple, as I could do if living. My Executrix or Substitute Co-ExeQtV is/arm �? o M c c�> authorized and empowered to engage in any business in which I may be engaged at m ea , fqE m--' M v o � c C> ', im -n n -ti c F- - n C:) m n CO u> n 6930 such period of time after my death as seems expedient to said Executrix or Substitute Co- Executors. 4. I give, devise and bequeath all of my estate of whatever nature and wherever situate to my wife, ANNETTA A. BURGETT,providing she shall survive me by sixty (60) days. 5. Should the gift in Paragraph No. 4 not take effect, I give, devise and bequeath all of my estate of whatever nature and wherever situate as follows: a. The sum of$4,000.00 to ST. MATTHIAS LUTHERAN CHURCH at Carlisle Springs, Cumberland County, Pennsylvania; b. The sum of$3,000.00 to my two (2) sisters, ALICE GUTSHALL and RUTH SHAFFER, share and share alike,providing they are living at the time of my death; and c. All the rest, residue and remainder in equal shares, share and share alike to the following, if they survive me: (1) My wife's nephew, WILLIAM CARL GLEIM; (2) My nephew, GARY GUTSHALL; (3) My nephew, DENNIS RALPH GUTSHALL; (4) My niece, VICKI GUTSHALL MINNICK; (5) My niece, CAROLYN GUTSHALL FRISCHKORN; (6) My nephew, MARK LEON GUTSHALL; (7) My niece, ANDREA GUTSHALL BITTENBENDER; 2 (8) My niece, TERESA LEA GUTSHALL WEARY; and (9) My niece, WANDA SHAFFER. If any of the above-named persons should predecease me, I order and direct that the gift to such person shall lapse and the residue shall be distributed equally among those other persons who survive me. 6. I nominate and appoint my wife, ANNE'T TA A. BURGETT, to be the Executrix of this my Last Will and Testament. In the event she has predeceased me, failed to qualify or is not able or does not serve for whatever reason, I then nominate and appoint DENNIS RALPH GUTSHALL and CAROLYN GUTSHALL FISCHKORN to be the Substitute Co-Executors of this my Last Will and Testament, whereby the said Substitute Co-Executors shall have the same powers as are given to the original Executrix hereunder. 7. No person(s) shall benefit hereunder unless such beneficiary shall survive me by sixty (60) days. 8. No Executrix or Substitute Co-Executor acting hereunder shall be required to post bond or enter security in this or any other jurisdiction. 9. No beneficiary may assign, anticipate or pledge his, her or its interest in any income or principal held or distributable hereunder, and no beneficiary's creditors may levy, attach or otherwise reach any such interest. 3 10. If any person entitled to share in any distribution under the terms of this my Last Will and Testament becomes an adverse party in any proceeding to contest the probate of this Last Will and Testament, such person shall forfeit his or her entire interest inherited hereunder and all provisions in favor of such person shall be declared void and of no effect. The share of such person so forfeited shall be distributed as part of the residue pursuant to Paragraph 5. hereof, except that if such person is entitled to share in the said residue, that interest shall be distributed proportionately to the other residuary beneficiaries. 11. I hereby suggest that my personal representative(s) retain the services of Irwin & McKnight, P.C. as attorneys in the settlement of my estate. IN WITNESS WHEREOF, 1 have hereunto set my hand and seal this 16'h day of April 2010. (SEAL) F. CL DE BUR TT Signed, sealed, published and declared by the above-named Testator as and for his Last Will and Testament, in our presence, who, at his request, in his presence and in the presence of each other have hereunto set our names as subscribing witnesses. 4 ACKNOWLEDGMENT AND AFFIDAVIT WE, F. CLYDE BURGETT, KAREN S. NOEL and SHARON L. SCHWALM, the Testator and witnesses respectively, whose names are signed to the foregoing instrument, being first duly swom, do hereby declare to the undersigned authority that the Testator signed and executed the instrument as his Last Will and that he had signed willingly, and that he executed it as his free and voluntary act for the purpose herein expressed, and that each of the witnesses, in the presence and hearing of the Testator, signed the Will as a witness and that to the best of their knowledge the Testator was, at that time, eighteen years of age or older, of sound mind and under no constraint or undue influence. F. CLYDE BURGETT //KAREN . �O/E/ / SHARON L.SCHWALM COMMONWEALTH OF PENNSYLVANIA : : SS: " 'COUNTY OF CUMBERLAND Subscribed, sworn to and acknowledged before me by F. CLYDE BURGETT, the Testator herein, and subscribed and sworn to before me by KAREN S.NOEL and SHARON L. SCHWALM,witnesses, this 16th day of April 2010. _ p N to Public coMMonyE LTM OF PENNSYLVANIA Notarial Seal Roger B.iwn,Notary Public Carlisle gore.Cumberland County ray commission EW a Oct.3,2012 5 Member,Pennsylvania Asodadon of Notaries