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HomeMy WebLinkAbout01-08-15 I — Kesel: 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 Name: Robert O.Burkhart File No: a/k/a: (Assigned by Register) a/k/a: a/k/a: Social Security No: Date of Death: October 20,2014 Age at death: 98 Decedent was domiciled at death in Cumberland —County, Pennsylvania (State)with his/her last principal residence at 518 Limestone Road,Carlisle,PA 17015 —South Middleton Township Cumberland Street address,Post Office and Zip Code City,Township or Borough County Decedent died at 518 Limestone Road,Carlisle,PA 17015 South Middleton Township 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 $ 1,000.00 If not domiciled in Pennsylvania. .. .. . . ... . .. .. . ........ Personal property in Pennsylvania $ If not domiciled in Pennsylvania. ... ................. ... Personal property in County $ Value of real estate in Pennsylvania.. . ..... . ...... . . .. .. . . .. ... . . . . . . ........ .. . ... .. ....... $ 75,000_00 TOTAL ESTIMATED VALUE. ... $ 76.000.00 Real estate in Pennsylvania situated at: 141 West York Street,Biglerville,PA 17307 Biglerville Borough Adams (Attach additional sheets,if necessary.) Street address,Post Office and Zip Code City,Township or Borough County 0 A. Petition for Probate and Grant of Letters Testamentary Petitioner(s)aver(s)he/she/they is/are the Executor(s)named in the last Will of the Decedent,dated July 28,2009 and Codicil(s) thereto dated State relevant circumstances(e.g.renunciation,death of executor,eta) 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 bom or adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. (D NO EXCEPTIONS 0 EXCEPTIONS 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,ca.a. or db.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 0 EXCEPTIONS Petitioner(s),after aproper 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): -J 4=3 Name Relationship Address C: C, rn C"> rn " 0D Cn 7 M rn C-3 Form RW-02 rev.1011112011 Page 1 of 2 Oath of Personal Representative Official Use Only COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF CUMBERLAND } Petitioner(s)Printed Name Petitioner(s)Printed Address Natalie B.Mowbray o k�106J.e. Av ' 518 Limestone Road Carlisle PA 17015 Jana N.Mowbray 518 Limestoen Road,Carlisle,PA 17015 The Petitioner(s)above-named swear(s)or affirm(s)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,the Petitioner(s)will well and truly administer the estate according to law. Sworn to,- r affirmed apd subscribed before Date7� -- nne'_ ' day of C2()) j' Date _ Bye Date For the Register Date BOND Required: 0 YES 0 NO To the Register of Wilts: FEES: Please enter my appearance by my signature below: Letters . . . . . . . . . . . . . . . . . . . . . . $ t Attorney S' nature: ca ( 4) Short Certificate(s). . . . . . ( )Renunciation(s).. . . . . . . . m p ( )Codicil(s). . . . . . . . . . . . . ( )Affidavit(s).. . . . . . . . . . . F► t" r+rj rri m co Bond.. . . . . . . . . . . . . . . . . . . . . . . Printed Name: Andrew H. Shaw - � Commission. . . . . . . . . . . . . . . . . . Supreme Court w � . . . . . . . . ID Number: 87371 � Other M C" __. . . . . . . . � _p r..» MC�.�1`Q� 1� 1 Firm Name: Law Office of Andrew H. Saw,P. r- ( Address: 2()(7„S. Spring_Garde n'Rt. . . . . . . Suite I I . . . . . . . . Carlisle PA 17013 Phone: 717-243-7135 Automation Fee. . . . . . . . . . . . . . . Fax: 717-243-7872 JCS Fee. . . . . . . . . . . . . . . . . . . . . Email: drewaashawlaw.com TOTAL. . . . . . . . . . . . . . . . . . . . . $ DECREE OF THE REGISTER Estate of Robert O.Burkhart File No: r'2 I- i ` ) _GG A Q a/k/a: AND NOW, in consideration of the foregoing Petition, satisfactory proof h ing been pr�)re nted before me, IT IS DECREED that Letters Testamentary hereby granted to Natalie B.Mowbray and Jana N.Mowbray _-� n jL U'ki I J 4�:' z 11� ,tea 1 in the above estate and(if applicable)that the instrument(s)dated July 28 2009 described in the Petition be admitted to probate and filed of record as the last Will(and Codicil(s)) of Decedent. Vie, o-\ Register of Wills Form RW-01 rev.10/1112011 Page 2 of 2 LAST WILL AND TESTAMENT C> M rn OF ROBERT O.BURKHART I, ROBERT O.BURT HART, of the Borough of Biglerville, Adams County, w co Pennsylvania, being of a sound and disposing mind, over the age of eighteen(18)years, and under no legal disability, do hereby make,publish and declare this to be my Last Will and Testament, hereby revoking all other Wills and Codicils heretofore made by me at any other time. Article I: I direct that my Personal Representative(s), hereinafter named,pay all my just debts and funeral expenses as soon after my death as practicable, including all property, state and federal death taxes assessed against me, my estate, or my beneficiaries, without proration among my beneficiaries. However, all property bequeathed or devised hereunder, either outright or in trust, is bequeathed or devised subject to existing mortgages, liens or encumbrances thereon. Article II: I confer on my Personal Representatives and/or any Trustee(s) appointed herein and their successors 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 on such terms and conditions as my Personal Representatives shall determine, and to execute and deliver good and sufficient conveyances, assignments, and transfers of the property, without liability of any purchaser for the application of any consideration;to borrow money and to secure 1 Robert O. Burkhart 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, as permitted under Act 28 of 1999, the "Prudent Investor Act";to make distribution in cash or in kind; to allocate and distribute different kinds or disproportionate shares of property or undivided interests in property among beneficiaries, in cash or in kind, or partly in each; and all other powers given under the statutory and common law of Pennsylvania available at the time of my death and the power to do all acts and things necessary or appropriate in the management, administration and distribution of my estate. Article III: I hereby nominate and appoint my daughter, NATALIE B.MOWBRAY, and my granddaughter, JANA N.MOWBRAY, as Co-Personal Representatives of this my Last Will and Testament. My individual Personal Representatives shall not be required to furnish bond or surety. Article IV: I give, devise and bequeath the following items of personalty to the following individuals, absolutely and in fee simple: A. 1965 FORD MUSTANG to MARJORIE K.MOWBRAY; B. 1966 DODGE CHARGER to JANA N.MOWBRAY; C. LARGE DINING ROOM TABLE AND 12 LADDER BACK CHAIRS TO NATALIE B.MOWBRAY; D. CORNER CUPBOARD IN LIVING ROOM TO REBECCA 2 Robert O. Burkhart BURKHART; E. GRANDMOTHER COMMERER'S GUN TO REBECCA BURKHART; F. LARGE COPPER KETTLE TO JANA MOWBRAY; G. ROUND TABLE IN KITCHEN TO NATALIE MOWBRAY; H. KENTUCKY RIFLES IN DEN TO MARJORIE MOWBRAY AND JANA MOWBRAY; I. THE 410 SHOTGUN IN THE DEN THAT WAS MY DECEASED WIFE'S TO JILL BURKHART; J. $1,000.00 TO MY SON,ROBERT BURKHART,H. Article V: I give, devise and bequeath all of my jewelry, clothing, household furniture and furnishings, chinaware, silver,pictures, works of art,books,personal automobiles, and other tangible articles of a personal nature, not otherwise specifically disposed of by this Will, to my Personal Representatives; and it is my wish that my Personal Representatives dispose of said property in accordance with a memorandum or list I shall leave with my Will at the time of my death as a guide in disposing of the tangible articles hereinabove bequeathed to my Personal Representatives. Any item of personal property not set forth on said list shall be disposed of as a part of my residuary estate. Article VI: I give devise and bequeath all of my entire estate,not otherwise bequeathed or devised herein,to my children hereafter named, NATALIE MOWBRAY, 3 Robert O. Burkhart REBECCA BURKHART and JILL BURKHART,per stirpes. It is my intention that the distribution in this paragraph must not be in equal shares, but said distribution shall be at the discretion of my Personal Representatives. My son, Robert Burkhart, II, shall not join in the distribution of my residuary estate, except at the discretion of my Personal Representatives. Further, the share to be distributed to Jill Burkhart, shall be reduced by the outstanding balance on the notes owed from Jill. IN WITNESS WHEREOF, I have hereunto set my hand and seal this'ono day of 2009. (SEAL) Robert O. Burkhart Signed, sealed,published and declared by the foregoing Testator as and for his Last Will and Testament, consisting of four(4)pages, in the presence of us,who at his request, and in his presence, and in the presence of each other, ha hereunto set our hands as wit s ereto. 1 � 4 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND I, ROBERT O.BURKHART, Testator, whose name is signed to the attached or foregoing instrument, being duly qualified according to 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. Sworn to or affirmed and acknowledged before me by ROBERT O.BURKHART, the Testator,this 0411 day of , 2009. —r Robert O. Burkhart No ary Pu is My Co ission expires: COMMONWEALTHOF NotaKristi L.Mnnnett,Notary Public Carlisle Boro,Cumberland County COMMONWEALTH OF PENNSYLVANIA MCommission Expdres Jan 80,202 • member,Pennsyivanla gssoctdtion of Notaries COUNTY OF CUMBERLAND We,Lie L4) S La4A) and the witnesses whose names are signed to the attached or 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 free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the Testator was at the time 18 or more years of age, of sound mind and under no constraint or undue influence. Sworn to or affirmed and subscribed before me b and aVel— , witnesses,this_& day of , 2009. No ubli Mac My Commi ion Expires: COMMONWEALTH OF'PENNSYLVANIA Notarial seal Krista L.Monnett,Notary Public 5 Carlisle Baro,Cumberland County My Commission Expires Jan.30,2012 Member,Pennywania tAssoc;letion of Notaries