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Home My WebLink About12-28-09PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND Estate of SUZANNE B. BIERI also known as SUZANNE FAGFR nOVFNP[~RT RlfrRl COUNTY, PENNSYLVANIA File Number 21-09- 11 / Deceased Social Security Number 204-01-1409 RAMSEY B. DAVENPORT Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE `A' or `B' BELOW ) ~X A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the EXECUTOR named in the last Will of the Decedent, dated 09/12/2003 and codicil(s) dated 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 app ica e, en er. c..a.; .n.c..a.; pe en e ~ e; uran e a sen ia; uran a minon a e 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 v :~; .. - . _ . _ ,. _ ,_' _. _ ... ~, ,-- ., (COMPLETE /N ALL CASES:) Attach additional sheets if necessary. ~~ ~~ N , ':=< n ~` Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal resid~hce at ~ :.,~ ~~ Country Meadows, 4905 Trindle Road, Mechanicsburg, Hampden Township, Cumberland County, PA 17050 (List street address, town/city, township, county, state, zip code) Decedent, then g1 years of age, died on 12/19/2009 Decedent at death owned property with estimated values as follows: at Carolyn Croxton Sloane Residence - Linglestown Rd, Harrisburg, PA (If domiciled in PA) All personal property $ 400,000.00 (If not domiciled in PA) Personal property in Pennsylvania $ (If not domiciled in PA) Personal property in County $ Value of real estate in Pennsylvania $ 75,000.00 situated as follows: 18 SOUTH 17TH STREET, BOROUGH OF CAMP HILL, CUMBERLAND COUNTY, PA 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 RAMSEY B. DAVENPORT 5511 RIVER ROAD /~ ,~, ~~----'`1 HARRISBURG, PA 17110 Form I~CV. IU-IJ-LVVO Copyright (c) 2006 form software only The Lackner Group, Inc. Page 1 of 2 Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA COUNTY OF Cumberland } SS The Petitioner(s) above-named swear(s) or afi:trm(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 .~ ~_ f=ot the Register SEYGB. DAVENPORT Signature of Personal Representative Signature of Personal Representative File Number: 21-09- Estate of SUZANNE B. BIERI ,Deceased Social Security Number: 204-01-1409 Date of Death: 12/19/2009 r AND NOW, - , in consideration of the foregoing Petition, satisfactory proof having been presented before me, T IS DECREED that Letters Testamentary are hereby granted to RAMSEY B. DAVENPORT in th ove estate an t at the instrument(s) dated 09/12/2003 ~ ~ _~ , , ,1_', described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedert. ~ ~-~ ~.,~ ~ ~ ~+i ~_ ~? t r-~ ..:-. .,~ ,~~~- - FEES ;~~ ~.~ ~ ;A__~= ~.t_.t ~~ Letters ............................................ $ U pC _ C11 ~.Dp~~ -- ~ Register of ttY Short Certificate(s) ........................ $ Zy ,~ ~" Renunciation(s) ............................. $ --~ Attorney Signature: - l~~ ,_. $ l S • ~~ Attorney Name: RICHARD W. STEWART -~ $ ~~,~ Supreme Court I.D. No.: 18039 ~n $ - ~ `~ G ~ Johnson Duffie $ Address: 301 Market St. $ PO Box 109 $ Lemoyne, PA 17043-0109 $ Telephone: (717) 761-4540 TOTAL .................................... $ ~~.~ . Form RtN ~Z Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. Page 2 of 2 ,os.,,~ raw. vos WARNING: IT IS ILLEGAL TO ALTER THIS COPY OR (FEE FoR THis TO DUPLICATE BY PHOTOSTAT OR PHOTOGRAPH. CEPTIFiCATE X6.001 CoMMVNVYs=.l~6.Tl~ (~F=. p[ la ~s"t"! '1tl•!9fi D~wAr~TlV1FE~I~ ~F~ S~~K1~.~~3~ ,~fi'~3 t,~~':("~~?r3'~T LOCAL REGlS~'F~A~ S C'E'~"IIFIf'~:~~~'~ON C~~F DEA'T~ r t.~~~ 4~~ ~ L~ ~ ~>~~~~L~~ ca r ~ { ~~ -~i ~_ ,,. i? CERT. NO. T 6292027 ~~, ~.`~~ ~- ljr ~~, ''~t~l~ °?~fNT JF ~`~~~r 7~-~ rl~~ December 22, 2009 o.rte of Issue of This Certification Name of Decedent _ Suzanne Fager Davenport Bieri ,, . ss_ Female Sex -_____-- Social Security No. __-2-~ 4 -_- __._~ 1 __- __ 14 0 9 _ __ ?sate of Dl~ath ___ De c . 19 , 2 0 ~ 9 Date of Birth May 18 , 1918_ Birthplace___._____HarrisburB, PA Place of Death Carolyn Croxton Sloane Residence Dau hin Sus uehanna Twp. ----- ------- p 4 --------------- ----_ Pennsylvania r~~~rt n~a~ne _._ ~_~__ v ~~.~~~: a~ o~,g, ,, ~ uv~, ,roc: Race _ __ Occu ation _____ Homemaker ~~s or No) _.__..._ No White p Armed Forces? ~1° Decedent's Widowed 5511 River Road Harrisbur PA 17110 Marital Status _ Mailing Address__ ___-__ _ g ,~„ber t ----- ;iii ~ Tnvn State Informant _ Ramsey B . Dav-enport Sally A. Myers _-- Funeral Girector_______.._____.------------_----.--_---------___-_ Name and Address of Funeral Es#ablishment-_ David TMyers Funeral Home , Newport , PA 17 0 7 4 intervar t~etween Part I: Immediate Cause Onset 'and Death Inanition (a) 1 Month Alzheimer's Dementia (b) 2 Yrs . I (d) -- - _ Part II: Other Significant.Conditions ~Q ~ ~~ HTN ~-~ ,~,~, 4 r _ --- - Manner of Death Describe how injury occurrf~ct, '?'-~~ N ~~ -~ ~~? Natural ~ Homicide ~ ~ I ~ ~~~ ~ -~ --~ ~~. ~_ ___- ___ ---- _ _~_..----_ _ --__- ---- __ ~ ,~~ r-~ - ~ r.3 Accident ^ Pending Investigation _ _; ~ ~~= _ _~ _-- uicide ^ Could not be Determined 1__-) :~ ~ `-J~ <.~~i .... Name and Title of Certifier__-~ Supriyo Ghosh M. D. (M.D., D.O., Coroner, M~E,) Address _ 888 Poplar Church Rd. , Camp Hill, PA 17011 This is to certify that the information here given is correctly copied front an s~riginal certificate of death duly filed. with me as Local Registrar. The original certificate i~~ill bE=' forwarded to the State Vital Records Office for permanent filing. ~_ _ _(..~_ ._ _ __ 50-455 L~ .a. R~,gislrar..,f Uitai Re~:c ~s ____ y - DiSIviCT No. ember 22 2009 O1 Barnett St. , New Bloomfield, PA 17Q68 Date R -------- ----- -- ---- --- c eceived by I_oi;af Registrar -------- Street ! 7rJ ess Gity E?oiouyh Township -~T 007387-00001/September 9, 2003/RWS/jkr/45004-2 C~ ~~ tll ~~t~ ~~e~~~~ }.~~-~ ~:...i, ~~ N~- ~;~ T1 . ~-~ r'~ ,r _~ `~ _~ ~~ =. ~-- ~_.~ =n SUZANNE B. BIERI _ t-~ ~`~ :r I, SUZANNE B. BIERI, of the Borough of Camp Hill, County of Cumberland, and Commonwealth of Pennsylvania, declare this to be my Last Will and Testament and revoke any Will previously made by me. ITEM I. I bequeath my household and personal effects and other personal tangible personalty of like nature (not including cash or securities) together with any existing insurance thereon to my children, RAMSEY B. DAVENPORT, DAVID S. DAVENPORT and DEBORAH DAVENPORT, as survive me to be divided among them by my Executor with due regard for their personal preferences in as nearly equal shares as practical. ITEM II. I bequeath, devise, and appoint all the rest of my property, of whatever nature and wherever situated, including property over which I hold a power of appointment, except that I do not exercise any power of appointment given to me by my husband, to Dauphin Deposit Bank and Trust Company, Ramsey B. Davenport, and David S. Davenport, or the successors of the foregoing, as successor Trustees under an Agreement of Trust executed by me on September 11, 1995, and restated in its entirety on May 25, 2000, to be held by said Trustees and added to and administered as part of the trust established by said Agreement. Said Trust is in existence as of the date of execution of this Will, and it is my intention, if necessary to validate the foregoing gift to the Trustees, to incorporate herein by reference its terms and any amendments thereto. ITEM III. If any beneficiary should die within sixty (60) days after me, then he shall be deemed to have predeceased me for all purposes of this Will. _,~ _.y , , , ,. ?.- ~~ i - ~~ t"'"' ._) _.,r.., t-,""`l .._ .,~~ ~,~ IT_ EM IV. No interest (whether in income or principal, whether or not a remainder interest, and whether vested or contingent) of any beneficiary hereunder shall be subject to anticipation, pledge, 007387-00001/September 9, 2003/RWS/jkr/45004-2 assignment, sale or transfer in any manner, nor shall any beneficiary have power in any manner to charge or encumber his said interest, nor shall the said interest of any beneficiary be liable or subject in any manner while in the possession of my fiduciaries for any liability of such beneficiary, whether such liability arises from his debts, contracts, torts, or other engagements of any type. IT,_ V. Any amounts or assets which are payable or distributable to a minor or incompetent hereunder may, at the discretion of my fiduciaries, be paid or distributed to the parent or guardian of such minor or incompetent, to the person with whom such minor or incompetent resides, or directly to such minor or incompetent, or maybe applied for the use or benefit of such minor or incompetent. IT-. In addition to such other powers and duties as may be granted elsewhere herein or which may be granted by law, my fiduciaries hereunder shall have the following powers and duties, without the necessity of notice to or consent of any court: (a) To retain all or any part of my property, real or personal, in the form in which it may be held at the time of its receipt, including any closely held business in which I have an interest and the stock of any corporate fiduciary hereunder, as long as in the exercise of their discretion it may be advisable so to do, notwithstanding that said property may not be of a character authorized by law. (b) To invest and reinvest any funds held hereunder in any property, real or personal, including, but not by way of limitation, bonds, preferred stocks, common stocks and other securities of domestic or foreign corporations or investment trusts, mortgages or mortgage participations, mutual funds with or without sales or redemption charges, and common trust funds, even though such property would not be considered appropriate or legal for a fiduciary apart from this provision. (c) To sell, convey, exchange, partition, give options to buy or lease upon, or otherwise dispose of any property, real or personal, at the time held by them, at public or private sale or otherwise, for cash or other consideration or on credit, and upon such terms and for such price as they may determine, and to convey such property free of all trusts. -2- 007387-00001/September 9, 2003/RWS/jkr/45004-2 (d) To borrow money from any person, including any fiduciary hereunder, for any purpose in connection with the administration hereof, to execute promissory notes or other obligations for amounts so borrowed, to secure the payments of such amounts by mortgages or pledges of any property, real or personal, which maybe held hereunder. (e) To make loans, secured or unsecured, in such amounts, upon such terms, at such rates of interest, and to such persons, firms, or corporations as they may deem advisable. (~ To renew or extend the time for payment of any obligation, secured or unsecured, payable to or by them as fiduciaries, for as long a period or periods of time and on such terms, as they may determine, and to adjust, settle, and arbitrate claims or demands in favor of or against them. (g) In dividing or distributing any property, real or personal, included herein, to divide or distribute in cash, in kind, or partly in ,cash and partly in kind. (h) Without limitation of powers elsewhere granted therein, to hold, manage and develop any real estate which may be held by them at any time, to mortgage any such property in such amounts and on such terms as they may deem advisable, to lease any such property for such term or terms and upon such conditions and rentals as they may deem advisable, whether or not the term of any such lease shall exceed the period permitted by law or the probable period of retention under this instrument; to make repairs, replacements and improvements, structural or otherwise, in connection with any such property, to abandon any such property which they may deem to be worthless or not of sufficient value to warrant keeping or protecting, and to permit any such property to be lost by tax sale or any other proceedings. (i) To employ such brokers, banks, custodians, investment counsel, attorneys, and other agents, and to delegate to them such duties, rights and powers as they may determine, and for such periods as they think fit. -3- 007387-00001/September 9, 2003/RWS/jkr/45004-2 (j) To register any securities at any time in their own names, in their names as fiduciary, or in the names of nominees, with or without indicating the trust character of the securities so registered. (k) With respect to any securities forming a part of the trust, to vote upon any proposition or election at any meeting of the corporation issuing such securities, and to grant proxies, discretionary or otherwise, to vote at any such meeting; to join or become a party to any reorganization, readjustment, merger, voting trust, consolidation or exchange, and to deposit any such securities with any committee, depository, Trustee or otherwise, and to pay out of the assets held hereunder, any fees, expenses and assessments incurred in connection therewith, to exercise conversion, subscription or other rights, and to receive or hold any new securities issued as a result of any such reorganization, readjustment, merger, voting trust, consolidation, exchange or exercise of conversion, subscription or other rights and generally to take all action with respect to any such securities as could be taken by the absolute owner thereof. (1) To engage in sales, leases, loans, and other transactions with the estate of my husband or any trust established by either of us, even if they are fiduciaries or beneficiaries thereof. (m) To exercise all elections which they may have with respect to income, gift, estate, inheritance and other taxes, including without limitation execution of joint income tax returns, elections to deduct expenses in computing one tax or another, election to split gifts, and election to apply or to defer payment of any tax, in all events without their being bound to require contribution from any other person. (n) To operate, own, or develop any business or property held hereunder in any form, including without limitation sole proprietorship, limited or general partnership, corporation, association, tenancy in common, condominium, or any other, whether or not they have restricted or no management rights, as they in their discretion think best. ITEM VII. I direct that all estate, inheritance, and succession taxes that may be assessed in consequence of my death, or whatever nature and by whatever jurisdiction imposed, other than generation- skipping taxes, shall be paid out of the principal of my general estate to the same effect as if said taxes were -4- 007387-00001/September 9, 2003/RWS/jkr/45004-2 expenses of administration, except that any such additional taxes (and interest and penalties thereon) imposed on account of my interest in or power over any trust established by my husband shall be paid out of the property held in such trust, and all other property includible in my taxable estate for federal or state tax purposes, whether or not passing under this Will, shall be free and clear thereof; provided, however, that my Executor may in the discretion of my Executor request that any portion or all of said taxes (to be paid out of the principal of my general estate) shall instead be paid out of the principal of any trust established by me, to the extent expressly authorized under the terms of said trust. ITEM VIII. I have deliberately made no provisions in this Will or in the Trust referred to above for my son, FRANK DAVENPORT. ITEM IX_. I appoint as Executor hereunder my son, RAMSEY B. DAVENPORT. If my son, RAMSEY B. DAVENPORT, fails to qualify or cease to act as Executor, I appoint my son, DAVID S. DAVENPORT, Executor in his place. ITEM X. Unless the context indicates otherwise, any use of the masculine gender herein shall also include the feminine gender. IN WITNESS WHEREOF, I, SUZANNE B. BIERI, have hereunto set my hand and seal this ~f~ day of sc p ~c -.-,, Le ~- , 2003. EAL) SUZAI~ ~ B. BIERI SIGNED, SEALED, PUBLISHED AND DECLARED, by SUZANNE B. BIERI, the Testatrix above named, as and for her Last Will and Testament and in the presence of us, who, at her request, in her presence and in the presence of each other, having subscribed our names as witnesses. ~~ Witness Ad ess ~- Witness Addr s -5- 007387-00001/September 9, 2003/RWS/jkr/45004-2. ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND I, SUZANNE B. BIERI, Testatrix, whose name is signed to the foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will and Testament; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. S B. BIERI n ~G Sworn to or affirm~e~d ,and acknowledged .before me, by SUZANNE B. BIERI, the Testatrix, this ~o~ ~ day of : ~/~~~ /~~~-~ , 2003. . ~L Y~C~.~~f ~ra D~S,~ NO~T'ARY PUBLIC My Commission Expires: (SEAL) Notarial Seal Kristee K. Myers, Notary Public Lemoyne Boro, Cumberiarx! Couniy My Commission Expires Dec. 2, 2006 Member, Pennsylvania Association Of Notaries -6- 007387-00001/September 9, 2003/RWS/jkr/45004-2 ,~ AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND We, ~ W S~ew~,. !~ and ~(~ C~ ~ ~(~ ~ ~; /'` _ the Wlt'T1P.CCP.C whneP names are signed to the foregoing instrument, being duly qualified according~o law, do depose and say that we were present and saw SUZANNE B. BIERI, the Testatrix sign and execute the foregoing instrument as her Last Will and Testament; that she signed willingly and that she executed it as her free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the Testatrix signed the Will as witnesses; and that to the best of our knowledge, the Testatrix was at that time at least 18 years of age, of sound mind and under no constraint or undue influence. ~~ Sworn to or affirmed and subscribed to before me by _ ~ 1 ~~~~.kc~ ~,~~, w, ~ and ~~f~-~~ ~ ~ ~ ~ ~~~ ~~ C ,witnesses, this f ~ ~~ day of F ~/ l- ~ ~ , 2003 . Nota Public :45004V2 My Commission Expires: (SEAL) Notarial Seal Krisiee K. Myers, Notary Public Lemoyne Born, Curnberlarxl County My Commission Expires Dec. 2, 2006 ftAember, Penns~rlvania Association Of Notaries -7-