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HomeMy WebLinkAbout01-03-08 PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF (\.1 N\~(~ COUNTY, PEr-.TNSYLVANL\ Estate of .J e.ll...D A Se1"'le r- also known as File Number ~\ 00 oC()S , Deceased Social Security Number .;l c; 8 ~ l.f- / <t.s3 Petitioner(s'i, \Vho lS,;Jre i8 years of age or older, apply(ies) for: (COly/PLETE '../' 01' 'B' BELOW:) ~ A. Probate and Grant of Letters Te~tamentary and aver that Petitioner(s) is / are the 'J Cl \...,' Se n t:-C- last Will of the Decedent dated 8/;;>"1- J q d- and codicil(s) dated named in the (State relevant circulIlstances, e.g., renunciation, death of executor, etc.) Except as follows, Decedent did not malTY, 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 applicable. enter: c.t.a.; d.b.n.c.l.a.; pendente lite; durante absentia; durante lIlinoritate) Petitioner(s) after a proper search has / have ascertained that Decedent left no Will and was survived by the following spouse (if any) andffioirs: (If Administration. c.t.a. or d.b.n.c.t.a., enter date a/Will in Section A above and complete list a/heirs.) ~,'2 i::; .-c, () co - I Name Relationship Residel,lce ..! , r___ : ,--;.. 'c. oj ) -<::..-:; _........ ( I . (.,.) - /', - . .-~ ---- ( -.-, - " " (COI"IPLETE IN ALL CASES:) Attach additional sheets ifnecessary. "', " en U1 ; ~ Decedent, then I~ years of age, died on De.e...9 Jt:iJ I Decedent at death owned property with estimated values as follows: (If domiciled in P A) All personal property (If not domiciled in PAl Personal property in Pennsylvania (If not domiciled in PAl Personal property in County Vaiue of real estate in Pennsylvania $ ;to \ 000 $ $ $ situated as follows: WheretiJre, 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: ./'" Ty ed or rinted name and residence ~r ~ \I e.. (" \.0L PA liOS-O FOI'IIl RW-02 re\'. 10./3.06 Page 1 of2 Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA COUNTY OF r)'lm\c~J\o....v0 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 L?~ ;- ~~ administer the estate according to law, day of C::::'~ :> Sworn to or affirmed and subscribed be[.::lre me the 3 '.~~~..J (-,- F~- , I ) ...i ! -) Signature of Personal Representative I C) Signature of Personal Representative :.~::~~ ::u " ......... ',- ..~' r,) roo en en ) ',I File Number: Estate of ::... '.?~.. Social Security Number: d01s a l.\- lLi: ~ S AND NOW, ~~ ~ ,d.r:::i::/O having been presented before me, IT IS DE tREED that Letters are hereby granted to '.J C::!I'r-.. n So.-0.Q...\ ~I ~ o B Goo e:, ~e("" , Deceased Date of Death: 'Dt"':C :) ;)C0l , in consideration of the foregoing Petition, satisfactory proof \t't~~N \ in the above estate and that the instrument( s) dated \.\ 4 \ '\ c; ~ described in the Petition be admitted to proba e and filed of record as the last Will (and Codicil(s)) of Decedent. ~~~J.yll\ck , ci Registe,:OfWilIs ~ ~ (}- ~ FEES Letters ... .d~ r\).Oq. $ Short Certificate(s) . . ,';:;>. . . $ Renunciation(s) .......... $ \0\ \\ $ ~ C-\> $ ~\1.) $ ...$ $ $ $ $ $ TOTAL .............. $ td:) 0{.::) Attorney Signature: \S 'D 5 Attomey Name: Supreme Court LD. No.: Address: Telephone: \ \0 Form R W-02 rev 10.13,06 Page 2 of2 H105.81l5 REV 101/071 LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. Certification Number 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 P 14124389 IlgJ!1__fE_...1.t!....fl_:_._?:h~lJ ....b_L_.. _~ltN_j~_.._...s_L~g.Jt~ ...... __ ~_~_f,.K. , f-.....,_, ( -, ,.--.!. ,.-) -f) :;.~ ::l": I W ~:~~n -on -'~! (_..~I 0-.) U1 en ) .' -) I Hl05.144 REV 1112006 TYPE I PRINT IN PERMANENT BlACK INK ... COMMONWEALTH OF PENNSYLVANIA' DEPARTMENT OF HEALTH' VITAL RECORDS CORONER'S CERTIFICATE OF DEATH (See Instructions and examples on reverse) ~ '" .. ;;J 1. Named DecedenI (First. midlIe, "'51, suffix) Jean 5. Ago tUisl _vi A Sener 6. Dale 01 BifIh (Month, 7. Birthp6ace (C' and &Wte 01 fl31-151 78 Nov. 16, 1929 EW1ff1.4ItS 8<1. F~ Name I" nol _. gWe ..... and runbe~ 5208 Deerfield Road 12. Was Decedent ever in the U.S. Armed Forces? o v., ll1INo Dee_, .t.ctuaIResidenc:e 17a.S&a18 13 _', EducaIion (SplIciIy only trighosl gr... """"'"""I Elemontafy I SeconOaIy (0-121 Co4lego (,-4 or "'I 12- Pfl. t: uv'V1 h ~ r /1'I.ud eJJ2r- Top. 17b.County C4y 1 .... 25. Dale Pronounced Dead (Uonth, day, year) December 2, 2007 -"'-.'ony. IealingkliMIcauseli&tedoowa """" II< UNIlEllL YlHG CAUS( =~Il~~Jttire b. Atrial Fibrillation 28. Did Tobaa:o LI&e ConIriluIe 10 0eIlh'1 DYes Op- 0"" 0- 29. . FtmIIe: O...",_-....v'" o ,,-"lined_ o ..."'_......-_42days d_ O .....-...._<3dayslo'_ bobe _ o -'''--'''''''Y''' 32<.==:'i~j_F8doly. CAUSE OF DEATH {See In.truetion. and example.) Ilam 27. Part I: ElIIef the autidllla - diseases, kf.anes, or complications - thai directly caused !he dealh. 00 NOT enler lem1inal e'lents SUCh as carliac arrest, respi"alcNy arrest, or 'l9f\tricolat libriIIalion without showing the etiology. Us! ClOIy ooe cause on each line """"'........,.,.. Onset 10 Death :==~~t.":I-"'-: ~ Occlusive Coronary Artery Disease Due to (Of as a consequence 01): Aortic Stenosis Due to (or as a consequence 01): Due to (Of as a consequence 01): OVes ~"" o Yos 0 "" 31. Manner 01 Dealh J:1 Natural 0 Homicide 0-"-11 0 P""""lln,_ o So,;cide 0 CooId NolO. Dole"..... 32d TlITl8ollnju1y X1a. Was III Awlpsy p""""",,, 3ll> w...",,-v Ftrdngs Available Pnor 10 CompIeIion oj Cause 01 Oealh? M 321. "T,_"*,,, 1_' O~IOpe<al" 0"- OP- Qlher.-: J3b 8ql8kn and nle 3211. '-"'-' d ..., (SO.... tOy 1 loon. _I 33a~("""'o1ly""l =::.-::-"~.::c:..~=:.ae:..-:,;r.:=~~..~~..~~~~~~.............. _.... ____.... _ 0 .... :=o:.:::::::.n= O:=:=~lAdooal:'::'~to== manntr ...1IIed.. _ _...... ____.... _.. __ _.. 0 ::: ~= and J Of lnYMtIgatIon, In mw opinAon. death oe<:LlffeCI at "" time, date, 100 pIIeI,lAd dill 10 1M c:auu(1) IIld 1RIRMf.. I&IIecL )gl Coroner 33c. license Number 33d _ SVood (-, diy, yoa<) December 5, 2007 I i!l 15 I loZ I , I J.. I I I ~ I "1If'ft:'W~"f.~lIff>~~b~'fl Typll/..... 6375 Basehore Road! Syite fl1 Mechanicsburg, PA 70~0 LAS T W ILL ...;~,<) c:-..,j c~ ,. ( o F J E A NAN N I ESE N E R I c., ) -YJ '---) 1") {->~ I, JEAN ANNIE SENER, of Hampton Township, Cumberland coun~, Pennsylvania, do hereby declare this to be my Last Will, and do hereby revoke all prior Wills and Codicils heretofore made by me. 1. My husband, John E. Sener (hereinafter referred to as "my husband"), and I presently are the joint owners of a residence located at, and known and numbered as 5208 Deerfield Avenue, Hampton Township, Cumberland County, Pennsylvania, which is our usual home. If my husband survives me and at my death, our home, whether it be the one which we now own described above or one which is hereafter acquired by us, is held in any manner which will not result in the passage to my husband of full title to such home by operation of law, I hereby give and devise my entire interest in such home to my husband. If my husband does not survive me, then our said home shall pass as part of my residuary estate hereunder. 2. Except to the extent that certain items of the property hereinafter described in this paragraph 2 are otherwise specifically bequeathed in this Will, I hereby give and bequeath to my husband, if he survives me, my entire interest in and to any and all furniture, antiques, clothing, jewelry, pictures, statuary, Snl b ~b ~C0 -1- ~,(Jl. works of art, silver, plate, ornaments, bric-a-brac, tapestry, household goods, utensils and supplies, books, linen, china, glass, automobiles, plants, implements, and tools that may be in, at or about our home at the time of my death, and all of my other tangible personal property, together with all policies of insurance thereon. If my husband does not survive me, all of the property above described in this paragraph 2, except to the extent that certain items thereof are otherwise specifically bequeathed in this Will, I hereby give and bequeath to those of my children, Candice L. Falger, John E. Sener, Jr. and Patricia A. Sener, who may survive me at the time of my death, to be divided between them or among them in as equal shares as may be possible, as they may mutually agree; should my said surviving children be unable to agree between or among themselves upon such a division of said property, alternate choice of individual items thereof shall be made by them as follows: the first choice shall be made by my oldest surviving child, the second choice shall be made by my next oldest surviving child, and so on according to age until an equal or nearly equal division and distribution of said property items is completed. Notwithstanding any other provisions of this paragraph 2, I may leave a written memorandum which will be placed with my Last 8f\l n ~ Clq -2- d n. j Will, containing directions as to the ultimate disposi tion of certain items of the property above described in this paragraph 2, and such written memorandum shall determine the distribution of such items. In the event that I am not survived at my death by my husband or by any of my above-named children, then all of the property which they would have taken under this paragraph 2 had they survived me shall pass as part of my residuary estate hereunder. 3. If my husband survives me at my death, I hereby give, bequeath and devise to him all of the rest, residue and remainder of my property and estate, of whatsoever nature and wheresoever situate, including property over which I hold a power of appointment which I have not heretofore exercised, together with all policies of insurance thereon. 4. If my husband does not survive me, then all of the rest, residue and remainder of my property and estate, of whatsoever nature and wheresoever situate, together with all policies of insurance thereon, I hereby give, bequeath and devise to my children, Candice L. Falger, John E. Sener, Jr. and Patricia A. Sener, in equal shares. Should any of my said children predecease me, then such predeceased child's share shall be divided and distributed equally among or between those of his or her children who may survive me at my death; should such predeceased child of ~\. h) &J2> ICLy -3- J' u 1. case may be, with no requirement that such income be accrued for or apportioned between any successive beneficiaries hereunder. 8. No interest of any beneficiary hereunder in either the principal or income of my estate shall be subject or liable in any manner while in the possession of my executor to anticipation, pledge, assignment, sale, transfer, charge or encumbrance, whether voluntary or involuntary, or for any liabilities or obligations of such beneficiary whether arising from his or her death, debts, contracts, torts or engagements of any type. 9. Any amounts, either of income or principal, which are payable to a minor under this will may at the sole discretion of my executor be paid either to a parent of such minor, to a guardian of the person or of the estate of such minor, to the person who has custody of such minor, or directly to such minor, or applied to or for the benefit of such minor. The receipt by such parent, guardian, custodian or minor, or evidence of the application of such amount for the minor's benefit, shall be a full and complete discharge of my executor to the extent of such paYment or application. 10. Except as otherwise restricted, directed or provided in this will or required by law, in the administration of my estate hereunder, the fiduciaries serving under this will shall have the Sntb 26~ It {9 -5- ~ C.~ following powers, which may be exercised without leave of court, in addition to those powers as my said fiduciaries may have by law: (a) At any time, to retain any assets, investments or property in the form held by them at the time of my death or thereafter, and to invest and reinvest any funds which they may hold in any stocks, bonds, notes or other securities, or in any other property, real or personal, tangible or intangible, or mixed, or interests therein, wheresoever situate, as and in such proportions as they may deem best, notwithstanding that such investments may not be of a character allowed to fiduciaries by statute or general rules of law. (b) To sell, exchange, grant options upon, or otherwise dispose of any property, real or personal, tangible or intangible, or mixed, or interests therein, wheresoever situate, at any time held by them, at public or private sale, for cash or upon credit, in such manner, to such persons, and at such price, terms and conditions as they may deem best, and no person dealing with them shall be bound to see to the application of any funds paid to them. (c) To manage, operate, repair, improve, partition, subdivide, or lease for any term any real estate or personal Dnlb M"O J(ltJ ! ~.c j, -6- property at any time held by them, wheresoever situate, and to enter into agreements for the same. (d) To borrow money for the paYment of taxes or for any other proper purposes in the administration of the property held by them upon such terms as they may deem advisable, and mortgage, pledge or encumber any real and/or personal property held by them as security therefor. (e) To distribute in cash or in kind, or partly in each, and in shares different in kind from other shares, upon any division or distribution of any property which they hold. (f) To adjust, settle, compromise and arbitrate claims, to renew or extend the time for paYment or otherwise modify the terms of any obligation payable to or by my estate, and to abandon any property held by them which is of little or no value. (g) To retain and pay agents, employees, accountants and counsel, including but not limited to legal and investment counselor advisors, brokers, banks, custodians and other agents, for advice and other professional services, and to delegate to them such duties, rights and powers as my fiduciaries may determine for such time periods as they may deem necessary. gn'lb &J8 tt9 -7- ~.C.j (h) To allocate, in their discretion, any receipt or item of income, or disbursement or item of expense, to principal or income, or partly to each. (i) To hold assets in bearer form, and to register securities and other assets in their own name or in the name of a nominee with or without indicating the fiduciary character thereof. (j) with respect to any securities held by them, to join and participate in any merger, reorganization, voting trust plan or other concerted action of holders of securities for the deposit of securities under agreements and paYment of assessments, to subscribe for stocks and bonds, to give proxies, to grant, obtain or exercise options, and generally exercise all rights and powers of holders of securities, and to delegate discretionary duties with respect thereto. (k) With respect to the stock of any close or other corporation, partnership interest or other business held by them: to disregard any principle of investment diversification and retain any part or all of it for so long as they may deem advisable; to participate actively in its management and receive compensation for such services in addition to any other compensation payable to my fiduciaries; to do anything that they may consider appropriate with regard to its c lb u('\ &B k t() -8- ~,(1 J) operation, expansion, reduction, liquidation or termination or any change in its purpose, nature, or structure; to delegate authority or duties to any director, stockholder, manager, partner, employee or agent, and to approve its paYment of reasonable compensation to any such person; to cause it to borrow money at reasonable terms from the banking department of any corporate fiduciary hereunder notwithstanding any contrary law regarding confl ict of interests; and to make additional investments in it if such action appears to be in the best interests of the beneficiaries hereunder. (1) with respect to any policies of insurance forming a part of my estate: to continue such policies in force and to pay the premiums on such policies out of income or principal; to obtain the cash surrender value, if any, of any such policies which insure the lives of others and add the same to principal, or convert any such policies insuring the lives of others to permanent paid-up insurance (unless in either case such policies are specifically bequeathed in this Will); and to deal with such policies in any way that my fiduciaries may determine to be in the best interests of the beneficiaries hereunder, including the right to borrow on such insurance policies in order to pay the premiums thereon. ~ri b &JB )llc/ I -9- -J u. J (m) To the extent permitted by law, to exercise any election, right or privilege given by federal tax laws, or the tax laws of pennsylvania or of any other jurisdiction, including but not limited to the joinder with my husband in filing income tax returns, the joinder with my husband in filing gift tax returns with respect to gifts made by him or by me or by both of us prior to my death, the consent on gift tax returns to have any gift made by him considered as made in part by me for gift tax purposes, the determination of proper taxes, interest and penalties and the paYment thereof even though not attributable in whole or in part to income or gifts from my property or estate and without requiring my husband, his estate or his legal representative to indemnify or reimburse my fiduciaries for taxes (or penalties or interest thereon) attributable to my husband, the election of alternate valuation for federal estate tax purposes, the election to have assets or property of my estate or otherwise includable in my gross estate for federal estate tax purposes treated as qualified terminable interest property for the purpose of qualifying the same for the federal estate tax marital deduction for my estate, and the election to claim deductions for death tax purposes or for income tax purposes, and for their exercise or non-exercise of any such election, right or 'G nU') ~ )!-L Ci , -10- ) C j privilege to make or not make in their discretion equitable or compensatory adjustments as between income and principal of my estate or any part thereof, or as between any beneficiaries thereof or their shares therein, all without the consent of any beneficiary hereunder and without any liability on the part of my fiduciaries for so doing. (n) To make from time to time partial distributions in varying amounts to the beneficiaries hereunder prior to final settlement and distribution of my estate, and in connection therewith to determine in their discretion the time or times when such partial distributions may require recomputation of said beneficiaries' proportionate interests hereunder for the equitable allocation of income or on account of changing asset values pending final distribution. (0) To receive, collect and recover the interest, rents, profits, proceeds, gains, and other earnings and income of and from the property held by them hereunder. (p) In general, to exercise all powers in the management of the assets and property held by them which any individual could exercise in the management of similar property owned in his own right, upon such terms and conditions as to them may seem best, and to execute and deliver all instruments and to E>YV'Lh 6J@> ~ S! kJq () -11- do all acts which they may deem necessary or proper to carry out such management and their duties under this Will. 11. I hereby appoint my husband to serve as executor of my estate hereunder. Should my husband be unwilling or unable, fail to qualify, or cease to act as such executor, I hereby appoint my daughter, Candice L. Falger, to serve as my executrix under this Will. 12. The fiduciaries named or appointed in this Will shall not be required in any jurisdiction to file, enter or post any bond or other security for the faithful performance of their duties hereunder, and shall not be liable for the acts, omissions or defaults of any agent appointed by them with due care]. 13. SUbject to the restriction hereinafter set forth, I direct that all estate, inheritance, legacy, transfer, succession and death taxes, of whatsoever nature or kind and by whatsoever jurisdiction imposed, and all interest and penalties thereon, which may be payable or assessed in consequence of my death, whether or not with respect to property passing under this Will, shall be paid out of and charged against the principal of my residuary estate in the same manner as are general administration expenses of my estate so that all property subject to said taxes shall be and pass free and clear thereof, without apportionment of or reimbursement for such taxes, interest or penalties among any beneficiaries, on\.}) fxJ3 tip -12- J. U. j), transferees or other persons interested I 1n such property and without any right of my estate or executor to contribution, recovery or collection for the same. Taxes on any future or remainder interests hereunder may be prepaid at and in the election and discretion of my executor to the extent permitted by law. In no event, however, shall my executor pay from or charge against my residuary estate or any part thereof, any taxes imposed upon generation-skipping transfers under the Internal Revenue Code of 1986, as amended, or any penalties or interest thereon. 14. I direct that all expenses of my funeral and last illness be paid from the principal of my residuary estate as soon as is practicable after my death. IN WITNESS WHEREOF, I, the said Jean Annie Sener, hereby set my hand to this my Last Will, typewritten on and consisting of these thirteen (13) sheets of paper, at the bottom of each of the preceding pages of which I also have placed my initials, on this ~ day of U~. . 1992. Jean Annie Sener On this ~1\- day of ~ ,1992, Jean Annie Sener declared to us, the undersigned hat the aforegoing instrument was her Last Will, and she requested us to act as witnesses to the same and to her signature thereon. She thereupon signed said will in our presence, we being present at the same time. We now, at her request, in her presence, and in the presence of each of us, hereby subscribe our names as witnesses thereto and have placed our ini tials at the bottom of each of the preceding pages. By so doing, each of us declares that he or she believes this testatrix to be of sound mind and memory. residing at vJ.A; n ()[)(' () (Ji) 1- residing at \"'lecDVI I \uJ \=1'-\ residing at L) LLI1(/J /7 II CY-7 f}4 / COMMONWEALTH OF PENNSYLVANIA ~ SSe COUNTY OF . . I, Jean Annie Sener, testatrix, whose name is subscribed to the attached foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed such instrument as my Last Will, and that I signed and executed it willingly and as my free and voluntary act for the purposes therein expressed. Sworn or affirmed to anCL~9knowledged b Sener, the testatrix, this ~ day of by Jean Annie , 1992 Notary Public My NOTARIAL. NANCY J. RUNK. Notary Public Borough of Camp Hill. Cumberland Co. I Mv Commission :::xpiras P,u ust 14. 1005 COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~\~ SSe /\ / / / W Y II e, . , the witnes ed foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw Jean Annie Sener, the testatrix, sign and execute such instrument as her Last will: that such testatrix signed such instrument willingly and executed it as her free and voluntary act for the purposes therein expressed: that each of us in the hearing and sight of such testatrix signed such Last will as a subscribing witness thereto: and that to the best of our knowledge, such testatrix was at that time 18 or more years of age, of sound mind and under no constraints or undue influence. b~ ore me by witnesses, ~j. ~~ Nota Public WITNESSES: ~~~ t;lfJ(j cI D 1/\ f My Commission Expires: :14011 NOT ARIAL.SEAL NANCY J. RUNK. Notary Public Borough of Camp Hill. Cumberland Co. l Mv Commission ~.~p;r.'~~ Au ust 14. 1005