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Home My WebLink About03-12-15 (2) PF.TITION FOR GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND . _ COUN"I�Y, PENNSYLVANIA Pclitioner(s) named below, who is/are 18 years of age or oldeq apply(ies) for Letters ns specified below, and in supporl lhcrcofaver(s')lhc following and respectfully rcquest(s)the grant of Lette[s in Che appropriato fonn: DecedenPs Information /' Q Name: Thomas M,Harbert _ _ __ File No: �' � �"� � � -. -- n/kia: Thpmas Michael Harbert .. _ (Assigoed by Regis[er) �'ka _- - .. _ ._ _ ___ _ a'k�s . _ ._ Social Securi[y No: , . Date of Death: 12/1I2014__ _ _ _.. Age at death: 51 _ _ . Decedent was domiciled a[death in Cumberland Coun[y, Pennsylvanig_ _ /S(nteJ with his/har las[ principal residence at 802 Briarwood Ln Camo Hill 17011 Ha�den Two.__ Cumberland _ sn..��aa.n.,ra.�oma.�aa.�neme ay,r�.��.n�n�.eo�o�Fn � ee��n- Decedent died a[ _Claremont_Nursinq Home _ Cadisle, PA 17073 __ . _ Cumbedand P_A Svee�adJm�s.PoslORmnn�l/.iP('nJe Ciry.Towoshipa�BomugF Coun�y }lale Nfunme ut roluc of decedem's proOMy ei aceik ileo„��ci�en��ren�:rm�nt�................................nn pc�so�ai v�ovrn> S __—2 000.00 /jnoid�mirileAinPertiul'h�ania.............................Pcrsonalpmven>inPrnnsYNani� S LITfGATIOC ' PUAPOSF.S llnot domi�ilrAin Portiuy'h'ania..._........................Pvrsonal pmpeny In Counn' S .. i'nhie�lrm/eslntrinPrnmY(vnnia....................................._....................... $ __ —_ .. TOTALESTISIATf:UV.4LUE,,,, g —.. 200Q�Q IICIII :1 L 1 � �� -1 L d JII . � tJn.d il1 . d./ena,i v on� S ��addras,Y¢10[fieuntlLlpCmle CiM.Tonos�ipor0oruuCN Counrv 81 A. P £fon for Probate and Gran[of Letters Testamen[ery Fe�IGonn61 everG)he/sheAhcy is/we�he G.mcuror(s)nw�ed In�he los�Will afrhe Decedent,de¢0 7/1/1994 _ - an0 Cadlc'J(s7 in.ruo amee N/A _ . _ _ ._ __. . — � Sme relervot oirtums�anres/ey renunrivliun,OmO�^/e�rouror,ett.) Lzapi m tolluws'.aficr�he esecmion nf tlie instmmenqs)oRcrul for pmbeie DwcJcnt aid not mnrry,waz m�divoaeJ,waz no[a peny m u penJing divorcc pmcecJing ulmmin�he emunQs fov diwae haJ bccn cstablishctl as definc4 in23 Va C S.§332i(61,and did not havca child bom ur eanpicd:anJ Deccdcnnms neithu�M1c vlaim of a Allling nor cver edjudicuceJ un inenpvcim�eJ Oerson. � �O EXCEPTIONS O EXCEPTIONS _. _ .. ._.. . __ _ . _. -- . ❑ B. Pe[i[ionforGrantoPLettersofAdministra[iou�itopplicobic) — cr a_.db.n..d b.n.c.r a_pendeme lite dumnre aAsen�m.duranre rmnarimte If AJministration,c1.a. or d.b.n.c.f.a., �t r date of W'll 'n Section A above and comolette.�is[of heir5-�3 a r- - rn L. cD� fllow- D d �wesno� parpmepenJ� gdorap d� hereinthegmuidsforJnorcehdhenE}�abfisM1eamftnutl� �� bInCS.r�32I�_I' tivxsietherthev'climofek'llingno�enrutlJua' Idonincapncla[eapeaon. - y ❑ YO EXCF.PTIONS O EXCEPTIONS _ __ . . �. � ��'- �� .�..> --- _ rv Pninoner(s1 ofmr e propersremh hns/M1nvc nvcenained thn�Deecdcm lefi no Will wid w�surviveJ by�he follmrine sDouse(ifany)vnd heirs(avach addi�ronalsheeu�, fnece vnY: ' i - ..�.�, -.t .�. _" __ _ __. _ �Z .�:. __. Nnme Rela[ionship Address ��_ ' ci , �.. � . . . _. L�] � rl .. .- ___ _._. _. ._ __ ._ ._ . _. _ . ... �II _. - _ . _. __.. ____. _ I __. _. _. . . . _ _ _ _.. _. . . _._ __. _ _. ... �I _ _. . _. :. . .�_. ... _ ._ . —__ _._. ,,,,��r�n-iii ,.,. ro�r�ou Page I of2 Oath uf Pereooal Represeutative � oR�laiu.�om. i CObiMONWFALTHOFPE1dnSYLVANIA ) ) 55: COUNTYOF CUMBERLAND _ . _ ] __ �v;uo�<rcs�i�d�n�e no��e ' e,:udo�,ert�7 r��oaa nea�e�s ._ _ . —_. ._— . .'� _. _ . '802 Briarwood Lane , _�n[hia C. Harbert _.. - _ �Camp_Hill, PA 17011 _ .._,=_. ;-s�z .—'� , _ � ' � � � �. _ . . ._ - .. � -v � �I _ _ I. _. _. __- _ . _ . __ . . .- . .. . , . ._ __ . . __ _ . _ .. _ . __ _ _.�_�_ .,..__-_�� nc r«��nyi abo��-��o�,m�,renrt>7 0�am�m«�me s�a�cmc��m me mreso��s rma��:�e�Ne a�a�om��m me��onne e�o��geve and ee��r ot I �i cqsi antl ilmi � �V sonal Repr .eimi�e(s)of�he Dcccec�4�hi PcGt ner('1 ill well a J�mly adm n'stuth swm acco aing� law ' �—. iI Suom to or affirmed and subscnbed before n � �� 7�-�� l a'. �tJ�- D`� meth�s ��'tr�da� ofL��l ,,�LS u �c u� (�i.L��l1��'�'i�'iY1-� _ _ ��e — — I ihe Negis�er � __ _. . _. _ Dale — . _ �7 BO�DRequired: ❑ 1'F:S � \O TolheRegisterofiVills: FEES: Plcxse en[er my appeerance by my signature below: Laer . . . . . - S 20 00 pu4mc� S �m�c �3 7 yhort Ccmhcmesp) . . 15 00 �� ( )R u 'ia�mn(s) . � *� ( IC�A lfs) " ' - ESOulfe _ __. ! 1 �I7 Javiqs7 .- - _ � Ifond .. .. .. .. .. .. . . -- - SunremeCourt ... . .. . .. I� Commi�sion . . . . . . .. _ _ ..- -.. p�� Will . _ .. .. .. . . . . 15.00 Io rvumber: 34838 _ ._ li - Inh. Tax_& Inve_n[ory_.. _ . . . _ _. _. 30.00 ��, rrm Namc �Nix Wenqer&Weidner ___ _. i - - � . nddrcss: 508 North Second Street __ ___ ��. P.O. Box 845 ----... _. . . . . - - -- .. �ii Harrisburg .. PA 17108-0845 _ _ _ .. .. __ _ . .... .. . . .. . _. Phnne: 71( 7) 234-4182 . _ I. .. _... ._ _ . . _ ... _. Fac L 1 234-4224. _ . . _ ._ —_ .. Auwma[lon Pcc . . . . . . _ .__._._. _-. 5.00 emeil: dgEtzC�DwwwPal�w_com . _ �csrc� .. . . . . . . . . _ _ ._ . .. .. . 35.50 IOT4L . . .. .. . . . .. .. .. ..$ _- 120.$0 _ DECREE OF THE REGISTEI2 Es�ate of Thomas_M. Harbert _. _._ . . File No: _�I -��.�-. . yk'a: ._ Thomas Michael Harher[ __ _ _ _ _ . . ___. AND NOW, �`� [lX��/�� —, �- , �consideratio�ofthe foregoing Peti[ioq sa[isfactory proof having been presented before me,IT IS DECREED tha[Letters Testemen[aN _. ._ _. _ . .__ . . are hereby granted ro Cynthia G,_Harbert _. ___ . __. .. . .. . _ __. _ in the above estate and(if applicable)that _ thcinstrument(s)de�ed .�UIV1 1994 . _ ._ _ .. . described in the Potition be admitted�o proba[e a�d filed of remrd as the last Will(and Codicil(s))of Decedent Iv� gisterofWill�,�p�^ �( i�,,,,,,�or�� .�. ;,�nzo�� s �� Pa�of2 R`� .- � - � LAST WILL AND TESTAMENT � ��1 �� 'J��•j - . . . �� J Ll OF �r�� fi� 1� n;i � i.�S TEfOMAS M. HARBERT � . 0:2 t'.' �. CL!!,��- . , I, Thomas M. Harbert, of East Pennsboro Township, Cumberland County, Pennsylvania, being of sound and disposing mind and memory, do make, publish and declare this my Last Will and Testament, hereby revoking all wills and codicils by me at any time made. ITEM I: I direct that all inheritance and estate taxes becoming due by reason of my death, whether such taxes may be payable by my Estate or by any recipient of any property, shall be paid by my Executor out of the property passing under this Will, which is not specifically devised or bequeathed, as an expense and cost of administration of my Estate. My Executor - shall have no duty or obligation to obtain reimbursement for any such tax paid by my Executor even though on proceeds of insurance or other property not passing under this Will. ITEM II: I qive and bequeath all of my household furniture and furnishings, automobiles, books, pictures, jewelry, china, linen, silverware, wearing apparel and all other like articles of household or personal use and adornment to my wife, Cynthia C. Harbert, if she survives me, or if she does not survive me, to my issue, per stirpes. ITEM III: I give, devise and bequeath unto my wife, Cynthia C. Harbert, all of the rest, residue and remainder of my � property, rea1, personal and mixed. In the event my wife, Cynthia C. Harbert, does not survive me, then I give, devise and bequeath unto my sister-in-law, Martha C. Parvis, of Newtown, Connecticut, AS TRUSTEE, (the "Trustee") , all the rest, iesidue and remainder of my property, real, personal and mixed, not disposed of by the preceding portions of this Will, IN TRUST NEVERTHELESS, for the following uses and purposes: (a) Upon my death, my Trustee shall divide the principal of the Trust into as many shares or parts as there are then living children of mine and then deceased children of mine represented by then living issue. The Trustee shall hold one such share as a separate Trust Fund for the benefit of each then living child of mine and one such share as a separate Trust Fund for the benefit of the issue of each such then deceased child of mine. (b) In each Trust thus established for a then living child of mine, the Trustee shall have, hold, manage, invest and reinvest the principal thereof and shall, if the child has not attained twenty-two (22) years of age, pay to or for the benefit of such child in not less than quarterly installments so much of the net income and principal of said Trust as the Trustee, in the Trustee' sole discretion, shall deem necessary and appropriate to maintain said child in the proper station in life, including proper support, maintenance, medical, hospital, nursing and nursing home care, and high school, vocational, college, university, post-graduate and other education. Any undistributed income shall be accumulated. Upon such child's attaining the age of twenty-two (22) years, he or she shall be paid one-third (1/3) of the then assets of the Trust and shall also be paid, directly, all income from the Trust. Upon such child's attaining the age of twenty-five (25) years, he or she shall be paid one-half (1/2) of the then assets of the Trust. Upon such child's attaining the age of thirty (30) years, he or she shall be paid all of the remaining assets of the Trust. (If, at the establishment of the Trust, said child has already attained an age at which he or she would have been entitled to one or more distributions of assets, as above provided, the portion(s) which would have been distributed at such prior age(s) shall be paid to such child forthwith. ) Should such child of mine die before final distribution of the assets of said Trust, but be survived by then livinq issue, the Page 2 of 8 Trustee shall quarterly pay the net income from said Trust to or for the benefit of said issue, per stirpes, living at each time of quarterly distribution. Twenty (20) years following the death of such child, all then remaining assets of said Trust shall be paid to the then recipients of the income, in the proportion by which they are then entitled to the income. Should such child die before final distribution and not be survived by then living issue, the provisions of Item III (d) herein shall obtain. (c) In each Trust established for the benefit of the issue of a deceased child of mine, the Trustee shall have, hold, manage, invest and reinvest the principal thereof and shall quarterly pay the net income to or for the benefit of the issue of such deceased child of mine, per stirpes, living at the time � of each quarterly distribution. Twenty (20) years following my death, the Trustee shall pay over all of the then assets in the Trust to the then recipients of the income in the proportions by which they are then entitled to the income. (d) If, at any time before final distribution � of the assets of the Trusts established for my children or the issue of any deceased children of mine, there are no living beneficiaries of a Trust, that Trust shall terminate, and its assets shall be divided into as many equal shares as there are then existing Trusts created � under this Item III, and one such share sha11 be added to each such then existing Trust, provided that if any of said Trusts herein created has previously been terminated by payment of all of its principal to its beneficiaries, said beneficiaries who received payment of the principal of that Trust shall collectively be considered an "existing Trust" for the purposes of this Item III (d) , and one such equal share Page 3 of 8 � shall be paid directly to each beneficiary in the same proportion by which he received the principal of the Trust or, if deceased, to his issue, per stirpes. If, at the time of termination described in this Item III (d) , there is no then existing Trust, or if at any time before final distribution of assets under this Item, none of my issue is living, the Trust shall terminate, then all of my property, real, personal and mixed, not disposed of by the preceding portions of this Will, shall be distributed one half to my parents, Donald D. Harbert and Mary E. Harbert of Atco, New . Jersey, or the survivor; and one half to my wife's parents, Roy E. Coomhs, Jr. and Frances T. Coombs of Berkeley Heights, New Jersey, or the survivor. If both of my parents predecease me, then one half share of my property shall be distributed, in equal shares, to my brothers, James M. Harbert of Taylor, Pennsylvania, and David L. Harbert of Atco, New Jersey, or the survivor. If I am not survived by either of my wife's parents, then one half share of my property shall be distributed to my sister-in-law, Martha C. Parvis. If all of the above persons do not survive me, then all of my property, real, personal and mixed, not disposed of by the proceeding portions of this will, shall be distributed as if I had died intestate, a resident of the Commonwealth of Pennsylvania. (e) In the event of the death, resignation, refusal or inability of my sister-in-law, Martha C. Parvis, to serve as Trustee (and Successor Exewtor) hereunder, I nominate, constitute and appoint my brother, James M. Harbert of Taylor, Pennsylvania, to serve. ITEM IV: In the settlement of my Estate and during the continued existence of the foreqoing Trusts, my Executor and Trustee of each Trust shall possess, among others, the following Page 4 of 8 powers to be exercised for the best interests of the beneficiaries: (a) To retain any investment I may have at my death, so long as my Executor or Trustee may deem it advisable to my Estate or Trusts to do so. (b) To vary investments, when deemed desirable by my Executor or Trustee, and to invest in such bonds, stocks, notes, money markets, real estate mortgages or other securities other than options or futures, and in such other real or personal property as my Executor or Trustee shall deem wise, without being restricted to so-called "legal investments. " (c) In order to effect a division of the principal of my Estate or a Trust or for any other purpose, including any final distribution of my Estate or any Trust, my Executor or Trustee are authorized to make said divisions or distributions of the personalty and realty, partly or wholly in kind. If such division or distribution is made in kind, said assets are required to be divided or distributed at their respective values on the date(s) of their division or distribution. (d) To sell, either at public or private sale, and upon such terms and conditions as my Executor or Trustee may deem advantageous to my Estate or Trusts, any or all real or personal estate or interest therein owned by my Estate or Trusts, severally or in conjunction with other persons, or acquired after my death by my Executor or Trustee, and to consummate said sale(s) by sufficient deeds or other instruments to the purchaser(s) conveying a fee simple title, free and clear of all Trust, and without obligation or liability of the purchaser(s) to see to the application of the purchase money or to make inquiry into the validity of said sale(s) ; also, to make, execute, acknowledge and Page 5 of 8 deliver any and all deeds, assignments, options or other writings which may be necessary or desirable to effect any of the bequests or devises made in my Will or in carrying out any of the powers conferred upon my Executor or Trustee in this Item IV(d) or elsewhere in my Will. (e) To mortgage real estate and to make leases of real estate. (f) To borrow money from any party to pay indebtedness of mine or of my Estate or Trusts, expenses of administration, or inheritance, legacy, estate and other taxes. (g) To pay all costs, taxes, expenses and � charges�, except as herein noted, in connection with the administration of my Estate or a Trust. My Executor shall pay expenses of my last illness and funeral expenses. (h) To vote any shares of stock which form a part of my Estate or a Trust and otherwise to exercise all the powers incident ta the ownership of such stock. (i) To assign to and hold in a Trust an undivided portion of any asset. (j ) In the discretion of my Trustee, if the size of any Trust herein established shall become so small � that it is impractical or uneconomical to continue said Trust, my Trustee may distribute all accumulated income and principal to the then income beneficiaries in proportion to their income interests. (k) The right and discretion to elect the most appropriate settlement options for any pension plans, individual retirement accounts or other employee benefit options payable to my Estate or any Trust, assuming such election shall be in accordance with procedures established by the plan's administrative committee or administrator, as the case may be. Page 6 of 8 (1) The right to engage accountants, attorneys, appraisers and other agents, as deemed necessary by my Executor or Trustee, to render advice to and/or to represent my Executor or Trustee, as my Executor or Trustee deem necessary or appropriate to the administration and preservation of my Estate or the assets of any Trust. ITEM V: If at any time, any minor child or mentally � incapacitated person shall be entitled to receive any assets hereunder, my Trustee shall act as Guardians of the assets payable to such minor child or mentally incapacitated person and shall have full authority to use such assets in any manner as such Guardians shall deem advisable for the best interests of such minor child or mentally incapacitated person, including proper support, maintenance, medical, hospital, nursing and nursing home care and high school, vocational, college, university, post-graduate or other education, without securing court order. ITEM VI : Any person who shall have died at the same . time as Testator, or in a common disaster with him, or under such circumstances that it is difficult or impossible to determine who died first, or who shall fail to survive Testator by ninety (90) days, shall be deemed to have predeceased him. ITEM VII: I hereby nominate, constitute and appoint my wife, Cynthia C. Harbert, to be my Executrix (herein referred to as "Executor") . In the event of the death, resignation, refusal or inability of my said wife to serve as Executor, I nominate, constitute and appoint my Trustee to serve as Executor in her place. My Executor, Trustee and Guardian are specifically relieved from the duty or obligation of filing any bond or other security. ITEM VIII: If I survive my spouse, Cynthia C. Harbert, and am survived by minor children, I nominate, constitute and appoint my sister-in-law, Martha C. Parvis, of Newtown, Connecticut to be the Guardian of the person of each such minor Page 7 of 8 CONIMONWEALTH OF PENNSYLVANIA : . 55. : COUNTY OF DAUPHIN . I, Thomas M. Harbert, the Testatoz whose name is siqned to the attached or foreqoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will; and that I signed it willingly and as my free and voluntary act for the purposes therein expressed. Sworn to or affirmed and acknowledged before me by Thomas M. Harbert, the Testator, this lst day of July, 1994 . o��..�� Thomas M. Harbert, Testator i � ��iY'. 1'Y� � . �C�°x',� Notary Public My Commission Expires: (SEAL) NOTARIAL SEAL LISA M.LONG.Notary Public Clry ol Harrisburg.Dauphln Counry M Commission Ex Ires A nl 2B. 199] child. In the event of the death, resignation, refusal or inability of my sister-in-law, Martha C. Parvis to serve as guardian hereunder, I nominate, constitute and appoint my brother, James M. Harbert of Taylor, Pennsylvania, to serve. IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my Last Will and Testament, consisting of this page and the preceding seven (7) paqes, this 1st day of July, 1994 . �,�..�� z ��„�,`s Thomas M. Harbert SIGNED, SEALED, PUBLISHED AND DECLARED by the above- named Testator, Thomas M. Harbert, as and for his Will, in the presence of us, �vho, at his request, in his presence and in the presence of each other, have hereunto subscribed our names as witnesses in attestation thereof. —y -� "'-tl ��! I Address 3S"r�(� 1�Pt� l��r L�*-.-� 7 p N�Pt�-,.�,�,�>�,6, I'i{- i-X��S _��, d�() i' (� Address �l/� Y.K.YI r��lirirl ^C/� I/ �'�2e�tniC��-r4�� /)U9U Ulr � �'1<%°�1/Yti aaaress 1-ll'> � IC?5/�� tll /�Q ('.c / � l��l C::� �/9 /�j.5� iMNPRBERT.41L ONG14 July 7, 1994 Page e of 8 COMMONWEALTH OF PENNSYLVANIA : . SS. : COUNTY OF DAUPHIN . We, 1��-�.- ,CA I:: _ �"V�-I < , A� i (`k : �-A `7,'d o ' and ��-,vr�.•�,�n c� � . ,� z ,� .� , the witnesses whose names �re signed to the attached or foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw the Testator, sign and execute the instrument as his Last Will; that the Testator signed willingly and 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 Will as a witness; and that to the best of our knowledge, the Testator was at that time 18 or more years of aqe, of sound mind and under no constraint or undue influence. Sworn to or affirmed and subscribed to before me by \�°.• ,C� Q C�C-1 a , �.� . � 1< � 1\ �.�.�� ,�<<�� and `5��.<�• C- �.�� ; � r�- , witnesses, this lst day of July, 1994 . .�-i.�.r . ,��C'�- Witness C��c�� ,1,: ��.� W�tn�s �il��;�'< �J �>;i�,%/� �itness / ��C� �bZ��i �Gr� C'-. Notary Public My Commission Expires: (SEAL) NOTARIAL SEAL USA M.LONG.NaUry Pvbllc CiN o�HarrisOmg,OauOhin Counry M Commissian Er nes A rA 20. 199) REGISTER OF WILLS CERTIFICATE OF CUMBERLAND COUNTY GRANT OF LETTERS PENNSYLVANIA -1 °p CWy �.( c::� �lC,�� No. 2016- 00970 PA No. 27- 75- 0770 � � � y_ F'state Of: 7HOMASMHARBPRT rF . nee�n.�su � O � � ,, C i y a�k�a: THOMAS MICHAEL HARBERT �4 �� LaCe Of: HAMPDENTOWNSHIP �„ �.�� CUMBERLAND COUNTY Deceased 1750 Social Security No: WHERE45, on the 12th day of March 2015 an instrument dated Ju:y ist 1994 was admitted to probatc as the lasc •,�.�ili of THOMAS M NARBERT a�k�a THOMAS MICHAEC HARBERT ia�e cf HAMPDEN TOWNSH/P, CUMBERLAND Counry, who died on the lst day of December 2014 and, 4VAERE�S, a truc copy oY the will as orebaLed is annexed hereto. THF,RF,FORE, I, L/SA M. GRAYSON, ESQ. , Register of vJills in and for CUMBERLAND CounCy, in the Commonwealth of Pennsylvania, hereby ::ertiCy that 1 have this day granted Letters TES7AMENTARYto: CVN7HlA C HARBERT who has duly oualified as EXECU70R(R/X) and has agreed to administer the estate according to ldw, a'_'_ of w_�ich _�lly appears of record in my office at CUMBERLAND COUN7Y COURTHOUSE, CAFLISLE, PENNSYLVANIA. I:S TESTIMOF,Y R'HEBEOF, I have hereunto set my F.and ar.d arf_xed _!:e seai or n;y ofHce on the 72th dey of Ma�ch 2015. u ��; ;'� �� 'r�;l �_ �'� . �f l(.(,� ��:-� � i � Ce9 � lW� . .— C7 (//n � � n � �_ . �f I,�:. i '/�k. �. '—��f � ll.��s nory N � r-1 ..\-__.____ �. O Z- W �;�� E ��' �� C " � -> U "*N^Tn^** ALL _NAMES ASOVE APP�4R ;FIRST, N.�=�^�LB, �,-__ .