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HomeMy WebLinkAbout06-18-13 � � 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 � " �7 Name: John R.Bureoon File No: �i �,� - �p /� a/k/a: (Assigned by Register) a/k/a: a/k/a: Social Security No: Date of Death: June 15,2013 Age at death: 85 Decedent was domiciled at death in Cumberland County, pennsylvan;a (Stare) with his/her last principal residence at 5255 Wilson Lane.Aot 225,Mechanicsbure PA 17055 Lower Allen Townshin Cumberland Count� Street address,Post Office and Zip Codc City,Township or Borough County Decedent died at Holv Snirit Hosnita] 503 N 21st Street Camn Hill PA 17011 East Pennsboro Two Cumberland Co PA Street address,Post Office and 7.ip Code City,Township or Borough County S[ate Estimate of value of decedenPs property at death: If domici[ed in Pennsylvania.. .. . . .. . . . . . . . . .. . . . .. . . . . . All personal property $ 7,900.00 If not domiciled in Pennsylvania. . . . . . . . . . . .. . . .. . . . . . . . Personal property in Pennsylvania $ 7fnot damiciled'm Pennsyhania. . . . . . . . .. . . .. . . . . .. . . . . Personal proper[y in County $ Value nf rea[estnte in Pennsylvanra.. . . . . .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . .. .. .. .. . . . . . . . . $ 0.00 TOTAL ESTIMATED VALUE. . . . $ 7.900.00 Real estate in Pennsylvania simated at N/A (Attach addi(ional sheefs, ifneressary.) Street address,Post Office and Zip Code City,Township or Borough County � A. Petition for Probate and Grant of Letters Testamentarv Petitioner(s)aver(s)he/she/[hey is/aze the Executor(s)named in the Iast Will of Ihe Decedent,dated August 3Q 2005 and Codicil(s) thereto dated N/A State relevant cirwms[ances(e.g.renunciafioq deafh of executnr,elc.) Except as follows: after the excwtion of thc 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 fiave a child born or adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. Q NO EXCEPTIONS �EXCEPTIONS � Q B. Petition for Grant of Letters of Administration (If appticable) 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: Deceden[was not a party to a pending divorce proceedi�g 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. Q NO EXCEPTIONS Q EXCEPT[ONS Petitioner(s),after a proper search has/have ascertained that Decedent left no W ill and was survived by the following spouse(if any)and heirs(attach additiona(sheeis, rfnecessary): Name Relationshi Address � n �.> � m � x � c? o c W � z U'� %U •'O D I"` {—' e ri 7'ri rzrn � ,� ,r� z . �: a o � n � --t' 'r� '"T"+'�1 � � N �' RI r D � N N � Form RW-01 rev. 10/l1/20!] `1'� Page 1 of 2 �, � Oath of Personal Representative om��ai u5o o�iy COMMONWEALTH OF PLNNSYLVANIA } } SS: COUNTY OF CUMBERLAND } i � rr OF Petitioner(s)Printcd Name Petitioner(s)Printed Add (` Scott R. Bur oon 1749 Keel Drive Eldersbur MD 21784 c�� CLERK OF The Petitioner(s)above-named swear(s)or affirm(s)the statements in the foregoing Petition are true and correct to lhe best of the knowledge and belie( of Petitioner(s)and that,as Personal Representative(s)of the Dceedent,Ihe Petitioner{s)will wcll and wly ndminister the estate acwrding to law. Sworn to ffirmed an subscribed before r �2 oaec—`� me t is day of (�Y�.Q ,�� --����N�-� Datc BY� Datc For rhe Regrsler DatC BONDRequired: Q YES Q NO TotGeRegislerojWi!!s: FEES: �� Plcase enter my appearance by my signature below: Letters . . . . . . . . . . . . . . . . . . . . . . S� Attorney Signamre: ( ) Short Ccrtificatc(s). . . . . . ( ) Renunciation(s).. . . . . . . . � ��� ( ) Codicil(s). . . . . . . . . . . . . ( )Af�davit(s).. . . . . . . . . . . Bond.. . . . . . . . . . . . . . . . . . . . . . . Printed Name: Mark E. Halbruncr Commission. . . . . . . . . . . . . . . . . Supreme Court Othcr�. . . . . . . . � IDNumber: 66737 " . . . . . . Firm Name: Gates Halbruner Ha[ch &Guisc PC . . . . . . . . Address: 1013 Mumma Road_ Suitc 100 . . . . . . . . Lem^,pvnr PA 17041 Phonc: (717)731-9600 Auromation Fec. . . . . . . . . . . . . . . ___`��� Fax: (7171731-9627 JCS Fee. . . . . . . . . . . . . . . . . Email: m halhnmer�gatrslawfirm rnm TOTAL. . . . . . . . . . . . . . . . . . . . . $ I �g � DECREE OF THE REGISTER Estate of John R.Bureoon File No: �/i,� '(P /� a/k/a: AND NOW, �.�,�,11� �Q , �!✓ , in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters Tcstamentarv are hereby granted to Scott R. Buraoon in the above estate and (if applicable) that the instrument(s) dated AuRUSt 30, 2005 described in the Petition be admitted to probate and filed of r cord as the last Will (and Codi il(s)) of Decedent. l,L�/I.JC�'' egister of Wills /� � UU � Form RW-02 .��. �niunou `fiage f �� �� '�2� -.: ,�, _ � w xm o � � � c `'? a m = n .c u, a LAST WILL AND TESTAMENT � Z m � rn rn OF � v; � `:�' ° JOHN R. BURGOON ° �'' o �T' '� ��*c oc �� � ..- -n : N r- � . � y �_ tTl I,JOHN R.BURGOON,now of Camp Hill,Cumberland County,PeT�'insylvania�o pu`'"bli i� � and declare this to be my Last Will and Testament,hereby revoking all other prior wills and codicils made by me. FIRST: Family Background and Ap�ointment of Executor. (A) Family and Background Information. I am not married. I have three children, SCOTT R.BURGOON,DEBORAH A.DONOHUE and CHARLES D.BURGOON,and they are referred to as "my children"throughout this Will. (B) A�pointment of Executor and Trustee. I appoint my son,SCOTT R.BURGOON, to act as my Executor,and if he predeceases me,resigns,becomes incapacitated or does not complete the duties of my Executor, then I appoint my daughter, DEBORAH A. DONOHUE, to act as my Successor Executor. The aforenamed gersons are all hereinafter referred to as "Executor" or "Executors", and they shall serve without bond and without being required to account to any court. The Executor shall also serve as Trustee of any trusts created hereunder. SECOND: Funeral and Last Illness Expenses: Taxes. (A) Expenses of Funeral and Last Illness. I direct my Executor to pay my funeral expenses and the expenses of my last illness from my estate. (B) Taxes. I direct my Executorto pay any and all estate,inheritance,succession,legacy, transfer and other death taxes or duties,by whatever name called,including any and all interest and penalties thereon, imposed under the laws of any jurisdiction by reason of my death, upon or with respect to any and all property included in my gross estate for the purpose of such taJCes, whether such property passes under or outside of this Will,out ofmy residuary estate,withoutbeing prorated or apportioned among or charged against the respective devisees,legatees,beneficiaries,transferees or other recipients of any such property or charged against any property passing or which may have passed to any of them. The Executor shall not be entitled to reimbursement for any portion of any such taaces from any such person. THIRD: TanQible Personal Propertv. Except for those items expressly excluded in this Will and those items enumerated in the Letter of Instruction, I bequeath all my tangible personal property,includingbut not limited to clothing,jewelry,furniture,household fuinishings,household goods,motar vehicles,personal effects and all other similar articles which I own,and the insurance thereon, to my children, SCOTT R. BURGOON, DEBORAH A. DONOHUE and CHARLES K� �� � LAST WILL AND TESTAMENT OF JOHN R. BURGOON PAGE 2 D.BURGOON,and the then-]iving natural issue of any predeceased children,to be divided among them as they may select in as nearly equal shazes, per stirpes, as is practical. Tangible personal property shall not include: (1)any and all property used by me in any business, (2)cash on hand or on deposit in banks,(3)stock or securities,(4)any type of evidence of indebtedness and(5)any life, health or accident insurance policies. Ifthere is any disagreement as to distribution,]direct my Executor to make such distribution, and the decision of my Executor shall be final and binding. Any items not selected or any items which my Executor considers unsuitable for my beneficiaries may be distributed or sold in the sole discretion of my Executor, and if sold, the net proceeds therefrom shall be added to the residue of my estate. Any such article allocated to a minor may, as my Executor deems advisable, either be delivered to the minor or to any person to safeguard on behalf of the minor. The reasonable costs of protecting, appraising, packing, storing, shipping, cleaning, delivering and insuring all items distributed in this Article THIRD shall be paid as expenses of administering my estate. Notwithstanding any other provisions in this Article THIRD, I may leave a separate, dated and unsigned Letter ofInstruction,which I shall place with this Will,containing direcfions as to the ultimate disposition of certain ofthe property bequeathed under this Article TH1ItD,and such Letter of Instruction shall determine the distribution of such items. FOURTH: [This article has been intentionally left blank]. FIFI'H: Residuary Estate. (A) I give, devise and bequeath all the rest,residue and remainder of my estate,of every kind and chazacter, real, personal and mixed, tangible and intangible, and wherever situated, including any lapsed or renounced legacies, devises or residuary bequests and any property over which I mayhave apowerofappointrnent,in equal shazes to my children, SCOTT R.BURGOON, DEBORAH A.DONOHUE and CHARLES D.BURGOON,provided that the shaze of any child who does not survive me shall be distributed to his/her then-living natwal issue in equal shazes,per stirpes. (B) Prior to final distribution of myestate,the Executor,in the Executor's discretion,may make partial distributions to one or more beneficiaries or trusts. As a consequence,the executorship and any trvsts created under this Will may exist contemporaneously. A dish-ibution may be made subject to any indebtedness or liability of my estate. Q � �?�/j'")/. ��_�_ � r LAST WILL AND TESTAMENT OF JOHN R.BURGOON PAGE 3 SIXTH: S�endthrift Provision. No beneficiary shall have the power to anticipate, encumber or transfer his interest in the estate in any manner other than by the valid exercise of a power of appointment. No part of the estate shall be liable for or charged with any debts,contracts, liabilities or torts of a beneficiary or subject to seizure or other process by any creditor of a beneficiary. SEVENTH: Powers of Executor. In addition to such powers and duties as mayhave been granted elsewhere in this Will or by law,but subject to any limitations stated elsewhere in this Will, the Executor shall have and exercise exclusive management and control of the estate and shall be vested with the following specific powers and discretion: (A) In the management, caze and disposition of the estate, the Executor shall have the power to do all things and to execute such instruments as may be deemed necessary or proper, including the following powers, all of which may be exercised without order of or report to any court: (1) To sell, exchange or otherwise dispose of any property at any time held or acquired hereunder, at public or private sale, for cash ar on terms, without advertisement. (2) To invest all monies in such stocks,bonds, securities, mortgages,notes, choses in action, real estate or improvements thereon, and any other property as the Executor may deem best, without regard to any law now or hereafter enforced limiting investments of fiduciaries. (3) To retain for investment any property deposited with the Executor. (4) To vote in person or by proxy any corporate stock or other security and to agee to ortake any other action in regazd to anyreorganization,merger,consolidation,liquidation, bankruptcy or other procedure or proceedings affecting any stock, bond, note or other security. (5) To use attorneys, real estate brokers, accountants and other agents if such employment is deemed necessary or desirable,and to pay reasonable compensation for their services. � � //U )�, � c -,�� � LAST WILL AND TESTAMENT OF JOHN R. BURGOON PAGE4 (6) To compromise,settle or adjust any claim or demand by or against the estate and to agree to any rescission or modification of any contract or agreement affecting the estate. ('n To renew any indebtedness, as well as to borrow money,and to secure the same by mortgaging, pledging or conveying any property of the estate, including the power to borrow from the Executor at a reasonable rate of interest. (B) Except as otherwise provided herein,whenever the Executor is directed to distribute any estate assets in fee simple to a beneficiary who is then under twenty-five(25)years of age, the Executor shall be authorized to hold such property in trust for the beneficiary until he becomes twenty-five(25)years of age,and in the meantime shall use such part ofthe income and the principal of the estate or trusts as the Executor may deem necessary to provide for the proper health, maintenance, support and education of the beneficiary. If the beneficiary should die before becoming twenty-five(25)years of age,the property then remaining in trust shall be dish-ibuted to the personal representative of the beneficiary's estate. When acting as Trustee, the Executor shall have such powers as are otherwise granted under this Will to the Executor. (C) In making distributions from the estate to or for the benefit of any minor or other person under a legal disability,the Executor need not require the appoinhnent of a guazdian but shall be authorized to pay or deliver the same to the custodian of such person, to pay or deliver the same to such person without the intervention of a guazdian,to pay or deliver the same to a legal guardian of such person if one has already been appoiated, or to use the same for the benefit of such person. (D) In the disbursement of the estate and any division into sepazate shares, the Executor shall be authorized to make the distribution and division in money or in kind,or both,regazdless of the basis for income tas purposes of any property distributed or divided in kind,and the distribution and division made and the values established by the Executor shall be binding and conclusive on all persons taking hereunder. (E) The Executor shall be authorized to lend or borrow,including the right to lend to or borrow from my estate at an adequate rate of interest and with adequate security, and upon such terms and conditions as the Executor shall deem fair and equitable. EIGHTH: Rights and Liabilities of Executor. No bond or other security shall be required of any Executor. This instrument shall always be construed in favor of the validity of any act or omission by the Executor,and the Executor shall not be liable for any act or omission except in the � -�� � LAST WILL AND TESTAMENT OF JOHN R. BURGOON PAGE 5 case of gross negligence, bad faith or fraud. Specifically, in assessing the propriety of any inveshnent, the overall performance of the enrire estate shall be taken into account. The Executor shall be entitled to receive reasonable compensation for services actually rendered to my estate and reimbursement of reasonable expenses actually incurred on behalf of my estate. NINTH: Tax Elections. In determining the estate, inheritance and income tax liability relating to my estate, the Executor's decision as to a11 available tax elections shall be conclusive on all concerned. In accordance with Internal Revenue Code§2632(a)(or its successor provisions)and without regard to whether a federal estate tax return is actually filed, the Executor shall allocate so much ofthe federal Generation Skipping Transfer(GST)exemption amount as will fully exempt any generation skipping transfer which may occur under this Will. TENTH: De£mitions and General Provisions. (A) Survival. Any beneficiary who dies within sixty(60) days after my death shall be considered not to have survived me. (B) Other terms. The use of any gender includes the other gender, and the use of either the singulaz or the plural includes the other. (C) Cautions. The captions set fotth in this Will at the beginning of the various divisions hereofare for convenience ofreference only and shall not be deemed to define or limit the provisions hereof or to affect in any way their construction and application. (D) Powers of Appointment. By this Will,I exercise any powers of appointment which I possess at the time of my death. (E) Issue. Except for discretionary distributions which may be made unequally among a group of persons and distributions pursuant to a valid exercise of a power of appointrnent, in making a distribution to the issue of any person, the property to be distributed sha11 be divided into as many shares as there aze living children of the person and deceased children of the person who left children who are then-living. Each living child shall take one shaze, and the shaze of each deceased child shall be divided among his then-living descendants in the same manner. A posthumous child shall be considered as living at the death of his parent. U -�� � LAST WILL AND TESTAMENT OF JOHN R. BURGOON PAGE 6 IN WITNESS WHEREOF, I, JOHN R. BURGOON, the Testator,have to this my Last Will and Testament,typewritten on seven(7)pages,including the Acknowledgment and Affidavit, set my hand and seal this 30"'day of August, 2005. \ , r.1/�. �y 1 1/,tN--�v��,.--- O R. BURGOON Signed, sealed, published and declared by the above-named Testator, as and for his Last Will and Testament, in the presence of us, who have hereunto subscribed our names at his request, as witnesses hereto,in the presence of the said Testator,and in the presence of each other. Each of us further declares that he believes the Testator to be of sound mind and memory. The preceding instrument consists of this and six(6)other consecutively nuxnbered typewritten pages including the Acknowledgment and Affidavit. �'��-z�,r�=� � �����.—"" residing at Mechanicsburg, Pennsylvania Mark E. Halbruner, Witness }C�L►-� �. ��/l �v� residing at Boiling Springs, Pennsylvania Carol L. Frankland, Witness ACKNOWLEDGMENT AND AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA . . SS: COUNTY OFCUMBERLAND • The Testator and the witnesses whose names are signed and subscribed to the attached or foregoing instrument,being first duly sworn and qualified according to law,do hereby acknowledge, depose and say to the undersigned authority, that the Testator signed and executed the instrument as his Last Will in the presence of the witnesses; that he signed it willingly or willingly directed another to sign it for him; that he executed it as his free and voluntary act for the purposes therein expressed; that each of the witnesses were present and saw the Testator sign and execute the instrument as his Last Will; that each subscribing witness in the hearing and sight of the Testator signed the will as witnesses; 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. Q.,-�,.�CZ ��,.� Jo R. Bwgoon, Te tor �i'�/C., ��' ��-- �/� �. ��--a.�..P��o'�- Mark E. Halbruner,Witness Carol L. Frankland, Witness Sworn to or affirmed, subscribed to, and acknowledged, before me by the above-named Testator and witnesses, this 30'h day of August, 2005. ��-�( -, .�/G(/v1 L Notary Public ,,,,;^�,^;.;;� COMMONWEALTH OF PENNSYLVANIp ``o,... _,.,., . Notarial Seal ;� �,�'.-�'�.,, ,5j:%� TraciL.Sepkovic,NotaryPublic � `� •' •;1 �. .,±; LeMoyne Boro,Cumberland Counry =T'.'���„�"� � "�, °.� _ My Commission Expires Maz. 18,2008 ��4.�� r r �' � __`., , , µ • ,_ = MemGer,Pennsylvania Association of Notaries _ �_ a _ " r, ' '`rRC���r� �<. ^'t�£.''��`� "ni�� .. .n-,9+oa.