HomeMy WebLinkAbout03-10-09
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LAW OFFICES
March 3, 2009
BERNERll A. BUZGON
HARRY W. REED, JR.
TIMOTHY J. HUBER
EDWARD J. COYLE
MARY H. BURCHIK
SCOTT L. GRENOBLE
JASON J. SCHIBINGER
MICHAEL S. BECHTOLD
DAVID R. WARNER, JR.
PHILIPS. DAMS 194-1995
RICHARD DAMS 1964-1997
Cumberland County Register of Wills c~
1 Courthouse Square . ~ :~ -
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Carlisle, P~1 1701 -''-,~~, ~ _ ?
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IZl;: John E. Senor, Sr. ,~
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Dear Register: N
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This office represents the Estate of John E. Sener, Sr., deceased on February 16, 2009, and its Executrix,
Candice W. Falger.
};nclosed herewith are the following documents for probate:
1. Petition for Probate and Grant of Letters
2. Iatate Information Sheet
3. lleath Certificate
4. Last Will and "hestament of John 1. Senor
nlso enclosed herewith is a check payable to the Register of Wills Office in the amount of $ 394.00 for
the initial probate fees.
Please time stamp the enclosed copies and return in the self-addressed stamped envelope provided for
your convenience.
If you have any questions or concerns, please do not hesitate to contact our office. Thank you.
Si
1',s~ate~Coministration Paralegal
1?nclosure
Y.U. BOX 49, 525 SOIJTII I?IGH'1'H S1'REF.'I', LEBANON, PA 17042
Y1ioNi: (717) 274-1421 / I'~ ~7~7) 274-1752
burgondavis.com f jmm@buzgondavis.com
PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA
Estate of John E. Sener File Number ~ ~ ~ U9 -0~~
also known as John E. Sener Sr.
Deceased Social Security Number 174-20-3126
Candice W. Faber
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE 'A' OR 'B' BELOW.)
A. Probate and Grant of Letters Testamentaryand aver that Petitioner(s) is /are the EXOCUtriX named in the
last Will of the Decedent dated 8/24/1992 and codicil(s) dated
The first named ExecuMx, Jean Annie Sener, predeceased John E. Sener on December 2 2007 The Last Will and Testament incorrectiv referenced
Candice W. Fa1Qer as Candice L. Faleer.
Continued on a Separate Page
(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:
^ B. Grant of Letters of Administration
(lfapplicable, enter: c.t.a.; d.b.n.c.ta.; pendentelite; duranteabsentia; duranteminoritate)
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
Arlmini.ctrntinn r t n nr d h » ~ t ~ o»ror .t.,ro .,FU/;l] ;,, C'!,.•r;.... ,f ,.1.,...,, .....7 .,.,...~i.,.~ t:... _ri _:.__ i
Decedent was domiciled at death in Cumberland County, Pennsylvania, with his f her last principal residence at
5208 Deerfield Avenue Mechanicsburg PA 17050 Mechanicsburg Borough
(List street address, town/city, township, county, state, zip code)
548
then g l1
years of age, died on 2/16/2009 at his daughter's residence
Myerstown _ PA 17067
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) All personal property $ 12$,000.00
(If not domiciled in PA) Personal property in Pennsylvania $
(If not domiciled in PA) Personal property in County $
Value of real. estate in Pennsylvania $ 12$,000.00
5208 Deerfield Avenue, Mechanicsburg, PA
situated as follows:
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:
Signature Typed or printed name and residence
Candice W. Falger 548 Woleber Road
Pa e 1 of 2
Form ftW-02 rev. 10.13.Oh g
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(COMPLETE IN ALL CASES:) Attach additional sheets if necessary. -~•r
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
Lebanon
SS
The Petitioner(s) above-named swear(s) or affum(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 satiscribed
before me the 2 0th _ day of
bru ry 2 009
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Ste ha 'e A. FrFbrtl~ee~e~LSter
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Signature of Personal Representative
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Signature of Personal Representative ~`p C~ `-s'
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Signature of Personal Representative '-~ ~ "`;~
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File Number: ~ ~ " OG " Oa-~ ~ ~ ~ ? ` --
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Estate of John E. Serer ,Deceased
Social, S~ecuArity Number:174-20-3126 n Date of Death: 2/16/2009
AND NOW, _ - 1 ~rC~ ~ ~J , 2O~ "1 , in consideration of the foregoing Petition, satisfactory proof
having been presented before me, IT IS DECREED that LettersTeStamentarV
are hereby granted to Candice W. Falser
in the above estate
and that the instrument(s) dated 8124/1992
described in the Petition be admitted to probate and filed of record as the last Will hand Codicil(s)) of Decedent.
FEES
TOTAL
..... $
.... $
.... $ -
.... $ _ -
.... $ /.S
.... $
.... $
.... $
..... $
LC~I . (~
of Wills
Attorney Signahtre:
Attorney Name: l 1mO~nV J. riuber.
Supreme Court I D. No.: 47231
Address:
Telephone:
525 South Eighth Street
Lebanon
PA 17042
717 274-1421
Form Rw-na rev. to. rs.o6 Page 2 of 2
Letters .......................
Short Certificate(s) ......
L A S T W I L L ,,,~
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I, John E. Sener, of Hampton Township, Cumberland:~Coun~,
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Pennsylvania, do hereby declare this to be my Last Will, and`$o
hereby revoke all prior Wills and Codicils heretofore made by me.
1. My wife, Jean Annie Sener (hereinafter referred to as "my
wife") , and I presently are the joint owners of a residence located
at, and known and numbered as 52Q8 Deerfield Avenue, Hampton
Township, Cumberland County, Pennsylvania, which is our usual home.
If my wife 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 wife of full title to such home by operation of law,
I hereby give and devise my entire interest in such home to my
wife. If my wife does not survive me, then our said home shall
pass as part of my residuary estate hereunder.
2. I hereby give and bequeath to my wife, if she survives
me, my entire interest in and to any and all furniture, antiques,
clothing, jewelry, pictures, statuary, works of art, silver, plate,
ornaments, bric-a-brac, tapestry, household goods, utensils and
supplies, books, linen, china, glass, automobiles, plants,
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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 wife does not survive me, all of the property above
described in this paragraph 2, except those items enumerated in a
written memorandum attached to this Last 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
Will, containing directions as to the ultimate disposition of
certain items of the property above described in this paragraph 2,
and such written memorandum shall determine the distribution of
such items.
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In the event that I am not survived at my death by my wife 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 wife survives me at my death, I hereby give,
bequeath and devise to her 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.
4. If my wife 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
mine leave no children of his or her own surviving me, such
predeceased child's share of my said residuary estate shall pass to
my other surviving children, or their children, as hereinbefore
provided.
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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 ~~ossession of my executor to anticipation,
pledge, assignment, sa:Le, transfer, charge or encumbrance, whether
voluntary or involunta~:-y, or for any liabilities or obligations of
such beneficiary whetYier arising from his or her death, debts,
contracts, torts or en~~agements 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
following powers, which may be exercised without leave of court, in
addition to those powers as my said fiduciaries may have by law:
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(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 kiold 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
dispase 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
property at any time held by them, wheresoever situate, and to
enter into agreements for the same.
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(d) To borrow money for the payment of taxes or for any
otheY• 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 i.n 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
counsel or 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.
(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.
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(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 cieposit 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 hereunder: 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 operation, expansion, reduction, liquidation or
termination or any change in its purpose, nature, or
structure; to delegate authority or duties to any director,
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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 conflict 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 t]he 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.
(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,
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including but not limited to the joinder with my wife in
filing income tax returns, the joinder with my wife in filing
gift tax returns with respect to gifts made by her or by me or
by both of us prior to my death, the consent on gift tax
returns to have any gift made by her 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 Amy property or estate and without requiring my wife, her
estate or her legal representative to indemnify or reimburse
my fiduciaries for taxes (or penalties or interest thereon)
attributable to my wife, the election of alternate valuation
for fiaderal 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
purpo~~es or for income tax purposes, and for their exercise or
non-exercise of any such election, right or privilege to make
or not make in their discretion equitable or compensatory
adjustments as between income and principal of my estate or
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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 lbeneficiaries' proportionate interests hereunder for the
equitable allocation of income or on account of changing asset
values pending final distribution.
(o) 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
do al:l acts which they may deem necessary or proper to carry
out suuch management and their duties under this Will.
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ll. I hereby appoint my wife to serve as executrix of my
estate hereunder. Should my wife be unwilling or unable, fail to
qualify, or cease to act as such executrix, I hereby appoint my
daughter, Candice L. Fagler, 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 se<:urity 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 al.l property subject to said taxes shall be and pass free
and clear thereof, without apportionment of or reimbursement for
such taxE:s, interest or penalties among any beneficiaries,
transferees or other persons interested in such property and
without any right of my estate or executor to contribution,
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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 <~mended, or any penalties or interest thereon.
IN W:CTNESS WHEREOF, I, the said JOHN E. SENER, hereby set my
hand to tries 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
S~ day of u , 1992.
~l
E. Sener
On this °~~~ day of , 1992, JOHN E. SENER,
declared t.o us, the undersigned, at the aforegoing instrument was
his Last Will, and he requested us to act as witnesses to the same
and to his signature thereon. He thereupon signed said Will in our
presence, we being present at the same time. We now, at his
request, in his presence, and in the presence of each of us, hereby
subscribe our names as witnesses thereto and have placed our
initials at the bottom of each of the preceding pages. By so
doing, each of us declares that he or she believes this testator to
be of soured mind and memory.
iding at I~(~~AJ~1 (I~i (~4
iding at ~ r'~ ~' ~_~~ l~ ~~/~
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COMMONWEA]LT OF PENINSYLVANIA
\~!c~t'X 14x~ SS .
COUNTY OF
I, JOHN E. SENER, testator, 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 and acknowled ed before me, by JOHN E.
SENER, the testator, this ~~~ day of , 1992.
n E. Senepr
No a v Public
COMMONWEALTHr1O'F `PENNSYLVANIA
COUNTY OF ~``'~'~~~~--
M COmm1SSl n NOTARIAL.SEAL
y F~t},1~,P-I~Ji~1K, No ary Public
Borough of Camp Hiil. Cumberland Co.
~Mv Commission Exea~s Au ust 14, 1985
SS.
We, ;~tact,,Y-,C~Q~~~} ~" a~! ~n_~ ~'~i i .~ ! i!_ ~ ~~1I~_ .>g1JCl/)') (n ~ j 11~'~'1.((1S.
the witnesses whose" names are signed to the ~tached foregoing
instrument, being duly qualified according to aw, do depose and
say that we were present and saw JOHN E. SENER, the testator, sign
and execute such instrument as his Last Will; that such testator
signed such instrument willingly and executed it as his free and
voluntary act for the purposes therein expressed; that each of us
in the hearing and sight of such testator signed such Last Will as
a subscribing witness thereto; and that to the best of our
knowledge, such testator was at that time 18 or more years of age,
of sound mind and under no constraints or undue influence.
ors af~irm~~ to and
~~i< < ~ ~ ,.,o> ~1"
of
Notar blic
My Commis:aion Expires:
NOTARIAL.SEAL
14006 NANCY J. BUNK, Notary Public
Borough of Camp Hill. Cumberland Co.
t My Commission Ex ir2s Au ust 14, 1985
scribed be ore me by ~C?u~~n J~-}~,~ .
~ j }~j,, _a(1,(/L~ ~ , witnesses, this
1992.
WITNESSES:
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