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HomeMy WebLinkAbout05-23-07 PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA _ ~ Estate of Alvin F. Bonawitz File Number ~ \ D 1 D(..;Q I also known as , Deceased Social Security 179-12-5339 Petitioner(s) who is/are 18 years of age or older, apply(ies) for: [X] A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) isle /the Executor named in Last Will and Testament dated April 30, 2007 N/A Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of the instrument(s) offered for probate, was not the victim of a killing and was never adjudicated an incapacitated person: [ ] B. Grant of letters of Administration (Ifapplicable enter: c.t.a.; . .n.c.t.a.; en ente Ite; urante a sentza; urante mmorztate 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: (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.) Name RelatIonship Residence Decedent then 83 years of age died on 14-May-07 Decedent at death owned property with estimated values as follows: (If domiciled in Pa.) (If not domiciled in Pa.) (If not domiciled in Pa.) Value of real estate in Pennsylvania situated as follows: $1,000,000.00' ADDRESS 1 NAME2 ADDRESS2 NAME3 ADDRESS3 CARLISLE PA CATHERINE MAE FOUGHT 109 MERRlHILL DRIVE CARLISLE, PA .:'v r~". ,'""\ _". '....1 'J 11'.1 .1; . "0 \:_, Page 1 of 2 OATH OF PERSONAL REPRESENTATIVE COMMONWEATLH OF PENNSYLVANIA COUNTY OF CUMBERLAND The petitioner(s) above-named swear(s) or affirm(s) that the statement in the foregoing peition are true and corn: to the best of the knowledge and belief of petitioner(s) and that as personal representative(s) of the Decedent, Petitioner(s) will well and truly administer the estate according to law. Q4\~~ ~. Alvin F. Bonawitz, Jr. ',J"S File Number: Catherine Mae Fought tlLtIP to Jv..'7l1aL TzJ#1 J\ 01 O~Sul i ,\ CJ ',- ,~~.! Estate of Alvin F. Bonawitz , Deceased Social Security Number: 179-12-5339 Date of Death 14-May-07 AND NOW , 20lUjn consideration of the Petition, satisfactory proof having been presented before , IT IS DECREED that Letters Testamentary are hereby granted to ALVIN F. BONAWITZ, JR. AND CATHERINE MAE BONAWITZ in the above estate and that the instrument(s) dated May ,2007 described in thte Petition to be admitted to probate and filed of record as the las Will (and Codicil(s) of Decedent) ,~Q4 ~nO~I~ Register 0 l is ~ci.2r FEES Signature ~ ~L /h~ Letters Short Certificates( 1.0) Renunciation W,/, jt.Ftv (02$ Attorney Name Robert M. Frey Sup. Ct. J.D. No 6274 15" iO \.c'{" Address: 5 South Hanover Street Carlisle, Pennsylvania 17013 Telephone: (717) 243-5838 TOTAL.. . 7r-foo Page 2 of 2 H105.805 REV 1105 This is to certify that the information here given is correctly copied from an original certificate of death duly filed with me as Local Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent filing. WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $6.00 p 13446138 No. ~~*!:i,. &.\\\~\~~,~. r .q-Cb~~ l~\~~. i~;.... ~.~'t~. ~ Local Registrar MAY 1 6 200)'2 \ ) 't:ll@ ",~l , :( r... .., c..~ t..) "--1 ' 05-143 REV l1flOO8 TYPE I PANT IN ~NT BlACK INK COMMONWEALTH OF PENNSYLVANIA' DEPARTMENT OF HEALTH' VITAL RECORDS CERTIFICATE OF DEATH (See Instructions and examples on reverse) 17C.~"""_'-. i Mi~'9t:9R 17d. t:J No. D<<:edenI Uved wti'l _linils~ 109 Merrihill Dr. 17b. Coully Pll CUmberland 19. Molho(, Name {Flrst.-.-_I Twp. Clyllloro 29 Church Rd. Carlisle A 17015 2kPlace~~(N8me~_.cremoloIyor_pOIcel 21d.localIonIClly/__..._1 Indiantown Gap National Cemetery Annville, PA Hoffman-Roth Funeral Home & Crematory 32f.KTranspo<IB1IanlnjulylS/>ldly) 00llver/~ OPassengo< 0- M. ~.~ 330. Ce<tilie<_"'" onol 33b.!l;gnaItnInllT"~~ . =:.~:"~:=:e~Itrt-:::r.:=~~~~_~~~~~_________________ R'" - . -ouncIng....certlfylngpllysldon~"""~-""'....lyIog"."...~....~) 0 33c.lbme_ ~u:..~==-delthoccurredltlhedme.datIi,'ndplllce,lndctuetothlcause(')andrnanneraSSIlted.._________________ ~ yt' si, IJ/? On lht bnis of euminltIon Ind I or investigation, in my opinion, dnth C)CCtlINd It the Ume, dlte, .net plr.ee, and due to the CIUM(IJ Ind manner as stated. D 34. Name and Address 01 Person Who COI!JlIeted Cause of ONIh (1Iem 27) Type I Print C /.",.... -;: ~I";:...r T- 13~ ."d) -z.~O...-.t. (.s....... S, ~(.I.;/oC... Jl:'A '7D(3 M. CAUSE OF DEATH (See InstructionI: .nd eumples) """27.....1: _..._-__..~-...lh:Iy""""...-DONOT--""""-IS~.....~ ~ IrNIIt. orYl!lAll'llUar IIlIIIIIIonYllhoUl showing'" eIioIogy. Ultonly oneC8UII CI'I eech n. I~-: : Onset to Death I I , , , , , I I I I I I I I =~=I~ .. t'ilO~f.q~E' e4..e~ DulIo(oras.~oI): -"'-'any. IIIdna to iIt CMIIIIsItd !;It IInlI L Enter '" UHDERLYIfG CAUSE =-~':.~~ b. Due 10 (or u . consequenea 01): Due to (or as a ccnsequence 01): d. :Ill. Was anAulclooy P- 31._~1lta~ 181....... D- O- OPSl'odIr9I1w8S11gaIion 0- 0"""'....._ 32d._~1njoJy 3ltI. _ Aulclooy Fidngs A__"~ 01 Cause of Dealh? o Y8S }i.<(No OVIS 0'" ~ z ~ i5 ~ 35. I> I ;>.1 f lri. It 101 OlspositionP'''''INo. ClI airs \ Part II: pur oIher 5kribr1t cordIonI embIUh:IlD dBItL ...""'""'*'!I....."""*'l'ng-ghon..""'~ 2S. lid TctJacco Use Ccr1trbAt la Oealh? '.0 Y8S OP- jZl... 0- 29.0F_ .0...____ o "'-.....~_ o "'_.buI__<2deys ~dee" o Notpregnart.bul.pNgMnt43ct.yt1a 1 year ......- 0-'_""""...__ 32l:.Plece~>1jIKy._Fann,"""F-'. ~&Jdno.""ISP<<HY) 32g.Locelionellnjlly(SlmLci1yIIown....'1 LAST WILL AND TEST AMENT OF ALVIN F. BONAWITZ I, ALVIN F. BONAWITZ, widower, of South Middleton Township (mailing address: 109 Merrihill Drive, Carlisle, PA 17015), Cumberland County, Pennsylvania, being of sound and disposing mind, memory and understanding, do hereby make, publish and declare this as and for my Last Will and Testament, hereby revoking and making void any and all Wills by me at any time heretofore made. 1. I direct my hereinafter named. Executors to pay all of my just debts and funeral expenses and all costs of administration of my estate from the residue of my estate as soon after my death as may be found convenient to do so. 2. I direct that all inheritance, transfer, estate, succession and death taxes which may be payable on account of my death, including interest and penalties thereon, shall be paid from the residue of my estate regardless of whether the assets upon which such taxes are based are included in my probate estate. 3. I bring to the attention of my Executors that the house and lot of ground at 109 Merrihill Drive in South Middleton Township, Cumberland County, Pennsylvania, where I reside, is owned jointly by me with my granddaughter Catherine M. Fought, with right of survivorship, and I give devise and bequeath to her all of my interest in the. same. In addition, I bring to the attention of my Executors that all of the household goods and furnishings located in said residence at 109 Merrihill Drive are the property of my granddaughter Catherine M. Fought, she having bought and paid for all of the household goods and furnishings located therein. 4. I give and bequeath to my granddaughter, CATHERINE M. FOUGHT, all of my right title and interest in any boat which I own at the time of my death either owned by me alone or jointly with her, including any boat trailer which I may own at the time 'of my death, and all boating equipment and accessories. 5. All of the real estate in Perry County, Pennsylvania, which I own, I give, devise and bequeath to my son, ALVIN F. BONAWITZ, JR., including all farm equipment and supplies and tangible personal property related to the farm which are located on it, together with all motor vehicles which I may own at the time of my death, provided he shall survive me by a period of ninety (90) days, but should he fail to so survive me then this devise and bequest shall lapse and be included in the residue of my estate. 6. I give, devise and bequeath to each of the following named seventeen (l7) persons, the amount set after each name, provided that person shall survive me by a period of nine!}': (9) days, but should that person fail to so survi~e me then the bequest shall lapse and be.:~dded to the residue of my estate. The seventeen (17) persons being: .. ! a. My sister, FERN (BONAWITZ) SMITH, 704 W. Matterstown Road, f'. Millersburg, PA 17061-9718, the sum of $35,000.00. b. My sister-in-law PEARL (BOLTON) BONA WITZ, Rte 209, Box 2734, Millersburg, PA 17061-18254, the sum of $30,000.00. c. My sister-in-law EDNA M. BONAWITZ, P.O. Box 412, Halifax, PA 17032- 9009, the sum of $30,000.00 d. My sister-in-law. SHIRLEY BONAWITZ, 1300 E. King Street, Lancaster, PA 17062, the sum of $30,000.00. e. My niece, DIANNE (BONAWITZ) KNEPP, 100 E. Hubler Road, State College, PA 16801, the sum of $25,000.00.. f. My nephew TIM L. BONAWITZ, 899 Walnut Bottom Lane, State College, PA 16801, the sum of $25,000.00. Page 1 of5 4~~~qtl:r g. My niece, ANNAL YN (BONAWITZ) BESOM, 1033 Chelmsford Drive, Mechanicsburg, PA 17050, the sum of $25,000.00. h. My niece RUTH (GOOGLING) REIGLE, 909 Center Street, Millersburg, PA 17061-1415, the sum of $25,000.00. i. My niece, CARLENE (BONAWITZ) WRIGHT, 207 James Road, Millersburg, PA 17061-8915, the sum of $25,000.00. j. My niece AUDREY (BONAWITZ) BOWERS, 108 6th Street, Millersburg, PA 17061, the sum of $25,000.00. k. My nephew, SHERWOOD HOY, Box 191, Hummels Wharf, PA 17831-0191, the sum of $25,000.00. l. My niece, CYNTHIA (BONAWITZ) WITHERS, 15 Riddle Road, Camp Hill, PA 17011, the sum of $25,000.00. m. My nephew, CHARLES E. BONAWITZ, III, P.O. Box 412, Halifax, PA 17032- 9009, the sum of $25,000.00. n. My nephew, EV AN SMITH, 704 W. Matterstown Road, Millersburg, P A 17061-9718, the sum of $25,000.00. o. My nephew, JOHN BONAWITZ, 130 Marion Terrace, Ephrata, PA 17522, the sum of $25,000.00. p. My niece, ELIZABETH BONAWITZ, 1406 Locust A venue, Blacksburg, V A 24060, the sum of $25,000.00. q. My nephew, TIMMEE BUFFINGTON, 630 W. Siddonsburg Road, Dillsburg, PA 17019, the sum of $25,000.00. 7. All of the rest, residue and remainder of my estate, real, person and mixed, and wheresoever the same may be situate, I give, devise and bequeath to the following named persons, their heirs and assigns, the percentage of the residue set forth after each name, provided each person shall survive me by a period of ninety (90) days, but should any of them fail to so survive me, then the same shall lapse and be added to the shares of the other persons so surviving in proportion to the amount provided for each of them as set forth after each name: a. Twenty (20%) percent to my son ALVIN F. BONAWITZ, JR., of 29 Church Road. Carlisle, PA 17015-9332. b. Twenty (20%) percent to my granddaughter, CATHERINE M. FOUGHT, 109 Merrihill Drive, Carlisle, PA 17015-6937. c. Ten (10%) percent to my daughter, ALICE BONAWITZ FOUGHT, 207 S. Hanover Street, Carlisle, PA 17013. d. Ten (10%) percent to my grandson, JASON BONAWITZ, 1917 Esther Lane, Carlisle, PA 17013. e. Ten (10%) percent to my granddaughter, REBECCA BONAWITZ COBB, 55 Courtyard Drive, Carlisle, PA 17013. f. Seven (7.5%) point five percent to my grandson, WAYNE FOUGHT, 1420 Bradley Drive, Apt. F211, Carlisle, PA 17013. g. Five (5%) percent to my grandson, ALAN FOUGHT, P.O. Box 553, Las Vegas, Nevada 89125. Page 2 0[5 q'L:., -/ ,6-<%.): h. Three (3.5%) point five percent to my great grandson, ISAAC BARCLAY, c/o Rebecca Cobb, 55 Courtyard Drive, Carlisle, PA 17013. l. Three (3/5%) point five percent to my great granddaughter KELSEY IVES. J. Three (3.5%) point five percent to my great grandson, BRANDT BONAWITZ. k. Three (3.5%) point five percent to my great grandson, CHASE BONA WITX. l. Three (3.5%) point five percent to my great grandson, TYLER BONAWITZ. (All four (4) c/o Jason and Christine Bonawitz, 1917 Esther Lane, Carlisle, PA 17013.) 8. Whenever pursuant to the provisions of this Will all or any part of a distributive share of the residue shall be payable to a person less than 21 years of age, title to the share of such person shall pass to him or her, but the payment to him or her of such share shall be deferred until he or she shall attain the age of 21 years, and in the meantime such share shall be held by my herein named Executors and their successors, as Guardians of the estate of each such person, or if the Executors are unwilling to assume such responsibility, then by the parents of such person, but if the parents of such person are unwilling or unable to assume such responsibility, then by a court appointed Guardian, until such beneficiary attains the age of 21 years. The fiduciary holding such distributive share shall apply all or part of the income and principal of such share as the fiduciary in his or their uncontrolled discretion may determine to the support, education, and maintenance of such beneficiary. The authority conferred upon such fiduciary by this paragraph shall be construed as a power only and shall not operate to suspend the absolute ownership of such property by such beneficiary or to prevent the absolute vesting thereof in such beneficiary. With respect to the administration of any such property which shall vest in absolute ownership in a beneficiary less than 21 years of age, and which shall be held by such fiduciary authorized in this paragraph, such fiduciary shall have all the powers set forth under the provisions of paragraph No. 11 of this Will to be exercised in the manner set forth in such paragraph. 9. No beneficiary of any bequest or devise set forth in this Will, shall have the right or power to transfer, assign, anticipate, or encumber his or her interest in such bequest or devise, or the income therefrom, prior to the actual distribution thereof by the fiduciary to such beneficiary. Further, neither the income nor the principal of said share shall be liable in any manner, in the possession of the fiduciary, for the debts, contracts or engagements of any of the beneficiaries. 10. I hereby nominate, constitute and appoint my son, ALVIN F. BONAWITZ, JR., and my granddaughter, CATHERINE MAE FOUGHT, as Co-Executors of this my Last Will and Testament. I further direct that neither of them shall be required to post any bond to secure the faithful performance of his or her or its du~ies in the Commonwealth of Pennsylvania or in any other jurisdiction. 11. In addition to the powers conferred by law, my hereinbefore named Guardians and Executors, and their respective successors, are empowered: a. To invest any part of the trust corpus in such securities, investments, or other property as may be deemed advisable and proper, irrespective of whether the same are authorized for the investment of trust funds under the laws of any governing jurisdiction. b. With respect to any corporation, the stocks, bonds, or other securities of which may be held, to vote in person or by proxy on any shares of stock; to consent to the merger, consolidation or reorganization of such corporations; to consent to the leasing, mortgaging or sale of the property of any such corporations; to make any surrender, exchange or substitution of such stocks, bonds or other securities as an incident to the merger, consolidation or reorganization of such corporations; to pay all assessments, subscriptions and other sums of money which may be deemed wise and expedient for the protection and maintenance of the proportionate interest of the investment in such corporations; to exercise any option or privilege which may be conferred upon the holders of such stocks, bonds, or other securities of such Page3 of5 ~ ;: 4:-~ corporations either for the conversion of the same into other securities or for the purchase of additional securities, and to make any and all necessary payments which may be required in connection therewith; and generally to have and exercise as to all such stocks, bonds and other securities, the powers of an individual owner who is under no trust obligation. c. To hold the trust corpus in one or more consolidated funds in which separate shares shall have undivided interests. d. To sell at public or private sale for cash or upon credit, or partly for cash and partly on credit, and upon such terms and conditions as shall be deemed proper, any part or parts of the trust estate, and no purchaser at any such sale shall be bound to inquire into the expediency or propriety of any such sale or to see to the application of the purchase moneys arising therefrom. e. To keep on hand and uninvested such money as may be deemed proper and for such period as may be found expedient. f. To compromise, settle or arbitrate any claim or demand in favor of or against the trust estate. g. And authorized in the discharge of fiduciary duties, to employ counsel and to determine and to pay such counsel reasonable compensation which shall be charged against the principal or income of the trust fund, and shall further be entitled to charge against the principal or income such other reasonable expenses and charges as may be necessary and proper to incur for the proper discharge of fiduciary duties and for the proper management and administration of the trust estate. h. In making any division of property into shares for the purpose of any distribution thereof directed by the provisiqns of the trust, to make such division or distribution, either in cash or in kind, or partly in cash and partly in kind, as shall be deemed most expedient, and in making any division or distribution in kind may allot any specific security or property or any undivided interest therein to anyone or more of such shares, and to that end may appraise any or all of the property so to be allotted and the judgment as to the propriety of such allotment and as to the relative value for purposes of distribution of the securities or property so allotted shall be final and conclusive upon all persons interested in the trust or in the division or distribution thereof. i. And authorized to register any shares of stock or other assets of any trust in their own names or in the name of a nominee. J. To retain and invest in shares of stock of my Trustee. k. To retain any investments including mutual funds which I may own at the time of my death and in addition to invest any part of the Trust corpus in such mutual fund or mutual funds as may be deemed advisable or proper, irrespective of whether the same are authorized for the investment of trust funds under the laws of any governing jurisdiction. I. To determine from time to time whether all or some portion of realized capital gains shall be treated as ordinary income for distribution to a beneficiary or treated as principal to be retained as part of the corpus, and such designation need not be consistent from one year to another. 12. If any person not named as a beneficiary under this Will, or if any beneficiary under this Will shall directly or indirectly, by legal proceedings or otherwise, challenge or contest this Will or any of its provisions, or shall attempt in any way to oppose or set aside the probate of this Will or impair or invalidate any of the provisions I have made in it, any gift to, or any provision for, that person under this Will is revoked, and shall be disposed of in the same manner as if that contesting beneficiary had predeceased me without issue. Page 4 of5 d'~ ;1 4-Lm~ IN WITNESS WHEREOF, I ALVIN F. BONAWITZ have hereunto set my hand and seal to this my Last Will and Testament, written on five (5) pages this ~ e; --M day of 4fr// ,2007 aL~ -7 h ~-F (SEAL) ALVIN F. BONAWITZ . Signed, sealed, published and declared by ALVIN F. BONAWITZ, the Testator above- named, as and for his Last Will and Testament, in our presence, who, in his presence, at his request, and in the presence of each other, have hereunto set our names as attesting witnesses. ~k'~J- 71 ct~ Page 5 of5 Reaister of Wills of Cumberland County OATH OF SUBSCRIBING WITNESS Estate of Alvin F. Bonawitz No. d..\ () I osu9 Also known as , Deceased Robert M. Frey and Trisha A. Liess (each) a subscribing witness to the codicil/will presented herewith, (each) being duly qualified according to law, depose(s) and say(s) that they were pr~nt and saw Alvin F. Bonawitz the testator, sign the same and that they signed asC=-~ witnesses at the request of the testator in his presence and (in the preseriee (of each other) (in the presence of the other subscribing witness(es). .~. ~-- , ~~-1._ ~ Robert M. Frey ( Sworn to or affirmed and subscribed before me this d. 3 day of ,2007. 5 South Hanover Street Carlisle, PA 17013 j ^,'oh~ \)9. of~ Trisha A. Liess 5 South Hanover Street Carlisle, PA 17013