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HomeMy WebLinkAbout03-04-05 Register of Wills of Cumberland County, Pennsylvania Estate of Kenneth N. Varner also known as PETITION FOR GRANT OF LETTERS No. OZI- () s - ;)cxs- , Deceased Social Security No. 168-60-1467 Michele T. Varner Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE "A" OR "B" BELOW:) Gl A. Probate and Grant of Letters and aver that Petitioner(s) is/are the execut rix Decedent, dated 6/2/2003 and codicil(s) dated named in the Last Will of the State relevant circumstances. e.g., renunciation, death of executor, etc Except as follows, Decedent did not marry, was not divorced and did not have a child born or adopted after execution of the documents offered for probate; was not the victim of a killing and was never adjudicated incapacitated: o B. Grant of Letters of Administration (c.I.a.. d.b.n.c.t.a.: pendente lite, durante absentia; durante minoritate) Petitioner(s) after a proper search has/have ascertained the Decedent left no Will and was survived by the following spouse (if any) and heirs: - .. .... I Name Relationship ~ \"~esidence: I - ..; . ..~. ,..,- (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in Cumberland County, Pennsylvania, with his/her last family or principal residence at 712 Veronica Lane (East Pennsboro Township), Enola, PA 17025 (list street. number and municipality) Decedent, then 41 years of age, died January 20 , 2005 ,at 712 Veronica Lane, Enola, PA 17025 (Location) Decedent at death owned property with estimated values as follows: (if domiciied in PAl All personal property......................................... $ (if not domiciled in PAl Personal property in Pennsylvania .................... $ (If not domiciled in PAl Personal property in County.............................. $ Value of real estate in Pennsylvania ........................................................................................ $ T atal ..................................................................................................................... $ 765,000.00 765,000.00 Real Estate situated as follows: Wherefore, Petitioner(s) 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 the undersigned: Typed or printed name and residence cL.Z Michele T. Varner 712 Veronica Lane Enola, PA 17025 RW-7 Oath of Personal Representative Commonwealth of Pennsylvania Cou nty of Dauphin The Petitioner(s) above-named swear(s) and affirm(s) that the statements in the foregoing Petition are true and correct to the best of the knowledge and belief of Petitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(s) will well and truly administer the estate 7ft] hW' ~ Sworn to and affirmed and subscribed ~ 7 ,/:: Lj-lh before me this day of A __ do S- fJ --.w DECREE OF REGISTER Estate of Kenneth N. Varner also known as Deceased No. d I -OS- - () a.()~ Date of Death: 1/20/2005 Social Security No: 168-60-1467 AND NOW, ' in consideration of the Petition on the reverse side hereon, satisfactory proof having been presented before me, IT IS DECREED that Letters lEI Testamentary 0 of Administration (c.I.a.. d.b.nc.l.; pendente lite; durante absentia; durante minoritate) are hereby granted to Michele T. Varner in the above estate and that the instrument(s), if any, dated June 2, 2003 described in the Petition be admitted to probate and filed of record as the last Will of Decedent. FEES Letters .................................... $ $ $ $ $ $ $ Inventory & Tax Forms............. $ $ Short Certificate(s) ............... Renunciation .......................... Affidavit ( ) .. ..................... )............ .. Extra Pages ( Codicil ................................. JCP Fee ................................. Other ...................................... TOTAL .............................$ RW-7A ~ ( Register of Wills D ~~ Attorney Attorney: James D. Campbell, Jr., Esquire I.D. No: 07051 Address: 3631 North Front Street Harrisburg PA 17110 Telephone: (717) 232-7661 DATE FILED: LAST WILL AND TESTAMENT OF KENNETH N. VARNER I, KENNETH N. VARNER, presently of Enola, Pennsylvania, being of sound and disposing mind, memory and understanding, do make, publish and declare the following to be my Last will and Testament, II hereby revoking all former wills by me at any time made. I; ITEM I: I direct that I be cremated, and that my ashes be disbursed over the grave site of my grandfather, Lester W. Smith, at Lind Memorial Cemetery, Lewistown, Pennsylvania, or at the discretion of my Executrix. .'1 direct that , .j all my just debts and cremation expenses be paid as soap after my decease as may be practicable, from the cash resources. of my estate. ITEM II: All the rest, resiq.ne and.. .". remainder of my property and estate, both real and personal, of II whatsoever kind and wheresoever situated, which I may own at the time of my death, I give, devise and bequeath unto my wife, Michele T. Varner, if she survives me by thirty (30) days. ITEM III: In the event that my wife shall not survive me by thirty (30) days, I give, devise and bequeath all of the items of personal property identified in a list or index which shall be kept with my original Will, in accordance with the instructions contained in such list or index. I give, devise and bequeath all of my personal effects and belongings not identified II in said accompanying list or index as follows: Thirty-three (33%) percent unto my father-in-law, Leonard Nowak, Sr., not to exceed Twenty Thousand ($20,000.00) Dollars in value; Seventeen (17%) percent to my brother-in-law, Leonard Nowak, Jr., not to exceed Ten Thousand ($10,000.00) Dollars in value; and the remainder to my parents, Gilbert Varner and Gladys Darlene Varner, jointly, or to I I the survivor. Such items shall be divided between my father-in- law, my brother-in-law and my parents as they may agree. Any II remaining personal effects and belongings, and any personal effects i I and belongings whose distribution cannot be agreed to by my father- I in-law, my brother-in-law and my parents shall be sold and the proceeds added to the residue of my estate. ITEM IV: In the event that my wife shall not survive me by thirty (30) days, I then give, devise and bequeath all the rest, residue and remainder of my property and estate, both real and personal, of whatsoever kind and wheresoever situated, as follows: Twenty Thousand ($20,000.00) Dollars (less the value of any personal effects and belongings received by my father-in-law pursuant to the preceding Item III hereof, unto my father-in-law, Leonard Nowak, Sr.; Ten Thousand ($10,000.00) Dollars (less the value of any personal effects and belongings received by my brother-in-law pursuant to the preceding Item III hereof, unto my brother-in-law, Leonard Nowak, Jr.; and the remainder unto my parents, Gilbert Varner and Gladys Darlene Varner, jointly, or to the survivor. Any interest which I may own 2 I' II II at the time of my death in the following limited partnerships may be distributed in kind to my residual beneficiaries, or at their option reduced to cash: Schoolhouse Road Associates; Orchard Park Associates; Nyes Road Associates; Wilshire Hills Associates; RDG- Susquehanna Associates; East Campus Associates; Waverly Woods Associates; Stonehedge Lane Associates; Timber Ridge Associates and Allendale Road Associates. ITEM V: It is my desire that my interests in the foregoing limited partnerships, as well as my interests in any other real estate or operating partnerships, and my stock in Capitol View Development Company, Inc., and Rhodes Development Group, Inc., shall be appraised by Jeffrey D. Billman of Rhodes Development Group, Inc., in order to determine the value of such interests for purposes of distribution, sale, redemption or otherwise in the administration of my estate. In the event that my Executrix shall not agree with such valuation, the value of these assets shall be determined by an independent appraiser experienced in the valuation of similar assets for estate valuation purposes. ITEM VI: I hereby nominate, constitute and appoint my wife, Michele T. Varner, to be the Executrix of my estate, with the power to sell all real and personal property at private or public sale. In the event that my wife shall not survive me, or shall otherwise fail to qualify as my Executrix, I then nominate, constitute and appoint my attorney, James D. Campbell, Jr., as the alternate Executor to serve in her place and 3 stead. It is my desire that neither my Executrix nor my alternate Executor shall be required to post bond in this or any other jurisdiction. In the event that my attorney shall serve as my Executor, his compensation shall be limited to that which would otherwise be payable for services as Executor alone. IN WITNESS WHEREOF, I, Kenneth N. Varner, the Testator, have to this my Last will and Testament, written on one side only of ! four (4) sheets of paper, set my hand and seal this Jv~ day of o \l(\ e- , 2003. ~#?1 V-^- Kenneth N. Varner (SEAL) Signed, sealed, published and declared as and for the Last Will and Testament of the Testator, in our presence, who in his presence, and in the presence of each other, and at his request, have hereunto set our hands and seals as subscribing witnesses. ;2 7 YD fY1 A-S-;. Q d-u se i-~ C:f-. residing at ~h',;io\.Jys,fA ( 7/ ,'-- r ) 'S r ( ",1._.'"" ( I~ ~ ;J III residing at /.-l,,/,:<l.rf~ fA '//f) I 4 COMMONWEALTH OF PENNSYLVANIA i COUNTY OF D" U ,of/IAl ss: I, KENNETH N. VARNER, Testator, whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. 7et/#lL- Kenneth N. Varner SWORN TO and subscribed before me this dl\JD day of .:::rU f\J€- ~003 . ~O~P~l~ NOTARIAL SEAL NANCY L. BRESKI, Notary Public Susquehanna Township, Dauphin County My Commission Expires March 16,2004 5 COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF 7) A () f' f.I ,tV We, tJ.ebOI('~ L, -:r u II' Q,\ ' and OO\.rlJ~) (~r>r I ) the attached or , the witnesses whose names are signed to foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw Testator sign and execute the instrument as his Last Will; that Testator signed willingly and that Testator 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 witnesses; and that to the best of our knowledge the Testator was at that time eighteen or more years of age, of sound mind and under no constraint or undue influence. Sworn to and subscribed before me this !XNi) day of ..::rlJtJE ~003. ~ If. /~ NotffY Public 93-594/56484-1 NOTARIAL SEAL NANCY L BRESK1, Notary Public Susquehanna Township, Dauphin County My Commission Expires March 16,2004 6