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HomeMy WebLinkAbout07-09-07 PETITION FOR PROBATE AND GRANT OF LETTERS , Deceased COUNTY, PENNSYLVANIA File Number 21 -jPf' ~ ~ 01-o6~ Social Security Number 164-30-0047 REGISTER OF WILLS OF Estate of Richard E Bottorf also known as CUMBERLAND Emelyn R. Bottorf Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE 'A' or 'B' BELOW:) l!I A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the last Will of the Decedent dated 01/16/2003 and codicil(s) dated Executrix named in 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 instrument(s) offered for probate, was not the victim of a killing and was never adjudicated an incapacitated person: o B. Grant of Letters of Administration (If appllC801e, enter: c.t.a.; a.O.n.c.t.a.; peaente fire; aurante aosent,a; aurante mmonrare) 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 = ....... ("') ~O :s~ :0 I("') )>r- ..,.2m ^ C)O 'JOIl (COMPLETE IN ALL CASES:) Attach additional sheets if necessary.'-' :0 ::0-1 Decedent was domiciled at death in Cumberland County, Pennsylvania with his I her last principal resitlence at 108 Beechcliff Drive, Silver Spring Twp., Cumberland County, Pennsylvania 17013 (List street address, town/city, township, county, state, zip code) :Do C5 ~ -..J ',! !._-) Decedent, then 71 years of age, died on 06/24/2007 at Cleveland Twp., Columbia County, Pennsylvania Decedent at death owned property with estimated values as follows: (If domiciled 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 situated as follows: 5,000.00 $ $ $ $ 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 Emelyn R. Bottorf 108 Beechcliff Drive Carlisle, PA 17013 Form Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. Page 1 of 2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF Cumberland Oath of Personal Representative } SS } The Petitioner(s) above-named swear(s) or 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 according to law. Sworn to or affirmed and subscribed before me this day of File Number: Signature of Personal Representative Signature of Personal Representative 21 - 07 t)to~ \ r-) = - --I --.; -, j it t ~t~ ';~~~ 164-30-0047 ,:) <;;0 ;C:(j;g -i:r: (") , Decea~ hi . >--=::0 -~'~ (J) ~ :':18(") :!: .-).-- -n --. . ),--, -- ~ ' in consideration of the foregoing pe~~atisfact~ proof: ~ 0 Testamentary ..>'--1 C- c: r- , \.0 Social Security Number: Estate of Richard E Bottorf Date of Death: 06/24/2007 .( -~.' ~2 ,I ,i .. " ;-: f~ AND NOW, ~~U q having been presented befo~ IS bECREED that Letters are hereby granted to Emelyn R. Bottorf in the above estate and that the instrument(s) dated 01/16/2003 described in the Petition be admitted to probate and filled of record as the last Will (and Codicil(s)) of Decedent. FEES Letters........... ......... ...... ...... ............ $ Short Certificate(S).....(.3)...... $ Renunciation(s).. ....... ...... ....... ....... $ W,\\ -JL" ~~ TOTAL...... ....... ...... ..... ....... ..... $ Form RW-02 Rev. 10-13-2006 30.00 \~,OO Attorney Signature: $ $ $ $ $ $ $ $ $ \S .ct> \0 ($) SOO Attorney Name: Supreme Court I.D. No.: 53353 Law Office of Scott M. Dinner Address: 3117 Chestnut Street Camp Hill, PA 17011 717n61-5800 Telephone: I;} . c:j) Copyright (c) 200610rm software only The Lackner Group, Inc. Page 2 01 2 H105.805 REV (01/071 LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. 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. Fee for this certificate, $6.00 Certification Number P 13670746 o S=o '~0 ::0 "l:Eo ])>r- " :zm ~ u5 ::0 i A '00 ) 0 ..,., I.'JC= :n :"::J-~ j.:'-" HI05.144 REV 1\12008 TYPE I PRINT" PERMAHENr 1IlACl<1NK COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH' VITAL RECORDS CORONER'S CERTIFICATE OF DEATH (See instructions and examplu on rev...) ~\ 0 '.0010 01 000Ib \IoIOnIh. doy. \'OOIl 30- 0047 -:r....-.Q.. Ql. ,,\, d,OO" one 'I' STAre FILE ~R 1. Nomool_1Firsl_.....,_i Richard E. Bottorf, Sr. 6. Date oIBil11l(MonIIt, , 7. 5 Ago (...._i 71 v,. February 4, 1936 8d.Foc:iliIyNomo(H..._.",,_1Ild1llllllbof) Knoebles Grove Camp Ground 12. WIll 0ec:edMi ever in.... U.S. Armed ForCH1 0"" KlNo --.r. AcUI ReIidBnce 17a. SI* 17C.JS..YeI. 0ecIdIInI livid in 17d.D No,Drec:edlnUvtd.. AduoIIi* 01 1'.DIl>>derI't.IsuaI Ki'ldotworidorw moItot ..00notllUe o:il~f!1bperator Gl:;~C~dract 16._.lIoIinv_l_c/ly/-,_,...-i 108 Beachcllff Drive Carlisle, PA 17013 PA Cumberland 17b. CounIy 16F_._(F...._,....,~ 16_.'NamolF...._.__) Evelyn Bowman Earl Bottorf ~ ~ ;i ~_. 0nseI1o DuJh 26. Wu CUe ReIetred to MelIcaI Euminer I CotonIr for. Reason Oiwr IWI CNmIIIon or DonIIIIon1 ~"" ONo ' Part It Etiwotw........ t:mdIillna~Ddulh. 21. ~ UleCclnllltMt to~ ......_Io....-.e.....giwIllo....1. ~"" 01'1olllllOl ONo 0"""""" 200. _', NamI (TYI'OI P"') 2lI>._.M*le_(_c/lyI-.-....-l 108 Beachcliff Drive Carlisle, PA 17013 21c.Pllceolllillpolilionl_oI_._.._pIIco) Rest Haven Memorial Park 21d.localian(CilyI_._...._l McElhattan PA 17748 r--.,) c:;) c:;) ~ c.... c= r- I \0 :}" 6, rr\ C) C~-) c:) r~i~~ :.~r.l C:J > :x S? o -.J (::) -...,.., ..., C) rn '. . ~. 1'10>. Cilyllloro ~ 22c.NamoIlld_oIFoc:iliIy Myers Funeral Home, Inc. 37 East Main Street Mechanlc:sburg, PA 17055 2311. LiconIe"""" 230:. lloIo S9lOd _. dIr, \'OOIl 25.lloIo_OoId_.doy. yoot) IA. :r~ ..2.'4, aoo, CAUSE OF DEATH (Sootno_ ond ..........., _ 27. 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Ol'al ONo 32d.Trnoollf1PY 32g.localianol~(_c/ly/_,_) oy.~ .Col\lIIrI_""'~ . ~~":::==:'~","':::'..:=.':~_~_':'~~~_____un_n___n 0 . ==:'-::=:::-':=:=~""'''':..~=Iolo':==_..______ un _n____n 0 . ==..=...,..-.......lnoryoplnlon,__......_._...._......Io....--<<Il""'-..-lJ8 34.NamoIlld_oI__ComflIoIodCallloolDad>I....27) rlP'J"'" L..u""- i ("'('loI S -be. ({ U' '00 po e>""" 2>iID '1!:1 ~& I l5 I ~ d. f ' 3Il.__-'doy.1"'l I II I I 1'1'- I JIIIVL 5" }oed 7 ~_NoD05o$19 '. Scott M. Dinner Attorney At LAW 3117 Cheatnut Street CAmp HiU. PA 17011 tel, (717) 761-5800 fAX' (717) 761-5008 LAST WILL OF RICHARD E. BOTTORF I, RICHARD E. BOTTORF, presentlyofl08 BeechcliffDrive, Carlisle, Cumberland County, Pennsylvania, declare this to be my Last Will hereby revoking all Wills and Codicils previously made by me. I declare that I am married to Emelyn R. Bottorf and that all references in this Will to my WIfe are references to her. I declare I have four children born to me: Rhea E. Brosius, born March 6, 1956, Kathryn Diane Bottorf, born September 11, 1957, Richard Earl Bottorf, Jr., born December 11, 1959 and Miriam Gaye Bottorf, born January 14, 1962. All references in this Will to 'my children' include only the foregoing named individuals. ARTICLE I Payment of DebtslExpenses: I direct the payment of my legally enforceable debts and the expenses of my last illness and the final disposition of my remains from my estate as soon '''\'\8 after my death as may be c~etije.he.~I~:~3dU~;OJ \B",r':,"\ ~t"\),, a - : \15 118318 lO :0\ \~~ 6 - lOr lGUl '..,.- ~ _...... f~ -~"i4-, \(;r',~.r.,...; r ....r,t \ ~l \ L \1" \~V.')~'..J ~~.~\i \ j\.,.}\:r.-r) \,j-~'(.o; .I~ Scott M. Dinner Attorney at La.. 3117 CLeatnut Street Camp Hill. PA 17011 tel, (717) 761.5800 f...., (717) 761-5008 -2- ARTICLE II Personal Property and Household Effects: I give certain items of my household furnishings and tangible personal property to my friends and family in accordance with the terms of a written memorandum which I have prepared. I bequeath any such property not disposed of by such memorandum, or all of such property if the memorandum is not located or received by my Personal Representative, to my Wife. Further, should my Wife predecease me and no such memorandum is found, then my personal property and household effects shall become part of my residuary estate and distnbuted in accordance with AR TI CLE III. If the written memorandum referred to in this AR TI CLE II is not located or received by my Personal Representative within sixty (60) days after taking office as such, after and upon the conducting of a reasonable search for such memorandum, the Personal Representative shall be held harmless for distnbuting such property as hereinbefore provided. ARTICLE III Residuary Estate: I do give and bequeath the rest, residue and remainder of my estate, both real, personal and mixed, of whatsoever kind and wheresoever situate to my Wife, to be held in trust for her benefit, with my Wife and our daughter, Rhea E. Brosius, as co-Trustees of the Trust. The Trust is to be administered and distributed in accordance with the terms I have indicated below. A. The assets ofthe Trust shall be held and distributed on the following terms during the lifetime of my Wife: Scott M. Dinner Attorney At LAW 3117 Chestnut Str..et CAmp HiD, PA 17011 tel, (717) 761-5800 flU, (717) 761-5008 -3- The Trustees shall pay and distribute to my Wife or for her benefit the entire income therefrom, which payments shall be made to her periodically, but not less frequently than quarterly. In addition, the Trustees shall from time to time pay to my Wife, or shall apply directly for her benefit, as much ofthe principal ofthis Trust as the Trustees may consider necessary or advisable for her health, education, support or maintenance (or any combination of them). B. Upon the death of my Wife or at my death if she shall have predeceased me, then the Trustees shall distribute the balance of the Trust to my children, per stirpes. Ifat any time any beneficiary entitled to receive principal from the Trust estate pursuant to this subparagraph B. is a minor or an incompetent or a person whom the Trustee(s) deem unable to handle the funds properly or wisely ifpaid directly to the beneficiary, the Trustee(s) in her or their discretion may make payments in anyone or more of the following ways: 1. To the natural guardian or legally appointed guardian of the person or estate of the beneficiary; 2. By making expenditures directly for the care, support, maintenance, or education of the beneficiary: or 3. To any person or organization furnishing care, support, maintenance, or education for the beneficiary. The Trustee(s) shall not be required to see the application of any funds paid or applied in any of the aforementioned ways and the receipt of the payee shall be full acquittance to the Co-Trustees. Scott M. Dinner Attorney at La... 3117 Cheslnut Street Camp HiD. PA 17011 tel, (717) 761-5800 flU, (717) 761-5008 -4- C. In the event of the death. resignation, renunciation or inability to act of either my Wife or Rhea E. Brosius, as a Co-Trustee of this Trust, then I appoint, Scott M. Dinner, Esquire, in their place and stead with the same powers, rights, discretions, obligations and immunities. In the event Scott M. Dinner, Esquire, should die, resign, become disabled, or for any other reason cease to act as a successor co-Trustee, then I appoint Steven W. Fahnestock, Certified Public Accountant, to serve as his successor. ARTICLE IV Personal Representative: I nominate and appoint my Wife to serve as Personal Representative of this Will. In the event of the death. resignation, renunciation or inability to act of my Wife, then I appoint my sister, Joan Ann Fetzer, presently of Lock Haven, Clinton County, Pennsylvania and my daughter, Rhea E. Brosius, presently of Lewis berry, York County, Pennsylvania, (or the survivor of them) as my successor Personal Representative(s) of this Will in her place and stead. ARTICLE V Fiduciary's Performance and Powers: No fiduciary under this will shall be required to give bond or other security for the faithful performance of the fiduciary's duties. Any such fiduciary shall have the following powers, in addition to those given by law: 1. To retain any property, pending distribution hereunder, to invest in or purchase any property without restriction to legal investments for fiduciaries (except for those fiduciaries subject to the Pennsylvania Prudent Investor Act), to distribute property in kind, to disclaim any interest in property, and to sell any property at public or private sale; Scott M. Dinner Attorney at Law 3117 Chestnut Street Cam.p H;D, PA 17011 tel, (717) 761.&800 flU, (717) 761.&008 -5-- 2. To hold shares of stock or other securities in nominee registration form, including that of a clearing corporation or depository, or in book entry form or unregistered or in such other form as will pass by delivery; 3. To engage in litigation and compromise, arbitrate or abandon claims; 4. To make distributions in cash, or in kind at current values, or partly in each, allocating specific assets to particular distributee on a non-prorata basis, and for such purposes to make reasonable determinations of current values; 5. To make elections, decisions, concessions and settlements in connection with all income, estate, inheritance, gift or other tax returns and the payment of such taxes, without obligation to adjust the distributive share of income or principal of a any person affected thereby; 6. To borrow money from any person including any fiduciary acting hereunder, and to mortgage or pledge any real or personal property; 7. To manage, control, repair and improve all estate property; 8. To procure and carry at the expense of the Estate, insurance of the kinds, forms and amounts deemed advisable by my Personal Representative to protect the Estate against any hazard; 9. To employ any attorney, investment adviser, accountant, broker, tax specialist or any other agent deemed necessary in the discretion of my Personal Representative; and to pay from my estate reasonable compensation for all services performed by any of them. ARTICLE VI Death Taxes: I direct that all inheritance, estate, transfer, succession and death taxes, of any kind whatsoever, other than any generation skipping taxes, (including any interest and penalties thereon), which may be payable by reason of my death with respect to: (i) property passing under this Will or (ii) any of my nonprobate property, shall be paid out of the property giving rise to such taxes on an incremental tax basis. Scott M. Dinner Attorney at Law 3117 Chestnut S~ Camp H;U. PA 17011 tel, (717) 761-5800 flU, (717) 761-5008 6' - - ARTICLE VII Protection from Improvidence: No interest of any beneficiary under this Will or any codicil hereto shall be subject to anticipation or voluntary or involuntary alienation. ARTICLE VIII Invalidity: If any provision ofthis Will or of any codicil hereto is held to be inoperative, invalid or illegal, it is my intention that all of the remaining hereof shall continue to be fully operative and effective so far as it is possible and reasonable. IN WITNESS WHEREOF, I have subscribed hereunto and caused this my Last Will, consisting of seven (7) typewritten pages, including this attestation clause, to be executed, declared and published this 16th day of January, 2003, at Camp Hill, Pennsylvania. ./1 kJ' r:: jJ,<;;/iP-' . .~ fd -- I~Rl/ 7' RI HARD E. TTO . Witnesses: Residing at 57J.5 V ~ ;l..15-f- CtUtp 1Ii//lf4- 17&1/ Residing at ~ .5 Il. () I sf.. <-~<< (b-pikw PA IJ{)l \ Residing at J I \ ~\~1\rlve J{\edMV\.\~6A('.9 A \1055 I z;J ~~ / L..r -7- ACKNOWLEDGMENT AND AFFIDAVIT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND ) We, Richard E. Bottorf, John Re eSE? Kelly L. Runk and Scott M. Dinner, the Testator and the subscribing witnesses, respectively, whose names are signed to the foregoing instrument, being duly qualified according to law, do hereby declare to the undersigned authority that the Testator signed and executed the instrument as his Last Will, that he 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 ofthe witnesses' knowledge, the Testator was at the time eighteen or more years of age, of sound mind and under no constraint or undue influence. k&t6:~~~ Witnesses: jf~A~ c-~ b:2/A- 2 ~) J ;:lrY On this, the il day of January, 2003, before me, Dawn M. Blair, the undersigned officer, personally appeared Scott M. Dinner, Esquire, known to me to be a member ofthe Bar of the Supreme Court of Pennsylvania, and certified that he was personally present when the forego- ing Acknowledgment and Affidavit was signed by the Testator and subscribing witnesses. Scott M. Dinner 'v~ ~~\:: Notary Public " Attorney At LAW 3117 Chestnut Street CAmp Hal, PA 17011 tel, (717) 761.5800 f..., (717) 761-5008