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HomeMy WebLinkAbout01-12-10J PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of Betty L. Bachman File Number 21-- JU-~~j also known as Deceased SociaN Security Number 201-18-6826 Cheryl L. Fraser 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 Executrix named in the last Will of the Decedent, dated 06/17/2004 and codicil(s) dated State relevant cicumstances, e.g., renunciation, death of executor, etc. Except as follows, Decedent did not many, 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 a rca e, enter: c.[.a.; ..n.c..a.; p ante e; urante a en6a; urante mrnorrtate 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 Administrahon, c.t.a. or d.b.n.c.t.a., enter date of Will in Section A above and complete lisf of heirs.) rv Cam- .--. o -" 7 Name Relationship Residence ;:- ~ c, rt..l,,"_ '~::~ ~ rte- ~ t-~' -T-~~ , ~~m ~, r~~~ r-i~ b ~.,~ c~> (COMPLETE 1N ALL CASES:) Attach additional sheets if necessary. ~ Decedent was domiciled at death in Cumberland County, Pennsylvania with his !her last principal residence at 17 Hillcrest Drive, Mechanicsburg, Cumberland, PA 17055 (List street address, town/city, township, county, state, zip code) Decedent, then $2 years of age, died on 12/17/2009 at Upper Allen Township, Cumberland Count)r, Pennsylvania 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 All personal property Personal property in Pennsylvania Personal property in County 41,000.00 510,000.00 situated as follows: 17 Hillcrest Drive, Mechanicsburg, Upper Allen Township, Cumberland County, PA 17055 (residence); Hillcrest Drive, Mechanicsburg, Upper Allen Township, Cumberland County, PA 17055 (unimproved lot); and Naomi Pines, Tobyhanna Township, Monroe County, PA 18350 (cabin and land) 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 ///~~ D 0 /YI ~~ ~( ~ /` ~~ ~i( ,~~Q~~ Cheryl L. Fraser 518-656-3525 P.O. Box rt85 Cleverdale, NY 12820 Form RW-02 Rev. t0-132006 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 12 day of , X010 __~ For the Register Signature of Personal Representative Signature of Personal Representative File Number: 21-- `Q-(~,3I Estate of Betty L. Bachman Deceased Social Security Number: 201-18-6826 Date of Death: 12!17/2009 AND NOW, ~" '~1 C7 , in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS ECREED th t Letters Testamentary are hereby granted to Cheryl L. Fraser in the above estate and that the instrument(s) dated 0 6/1 712 0 0 4 described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent. FEES Letters ............................................ $ ~1,f7.4U Short Certificate(s) ........................ $ ~ . ~p Renunciation(s) ............................. $ ~- Wil~ $ l5=oa $ Z3.5~ $ ~5;~~ $ TOTAL ............................. Form RW-02 Rev. 10-132006 $ $ $ $ $ ,~23 . SD Supreme Court I.D. No.: 86556 Bogar and Hipp Law Offices Address: 1 West Main Street Shiremanstown, PA 17011 Telephone: 717-737-8761 Copyright (c) 2006 forth software only The Lackner Group, Inc. Page 2 of 2 Attorney Signature: Attorney Name: Je nifer B. Hipp Zl-l o-G~~l OATH OF SUBSCRIBING WITNESS(ES) n N O REGISTER OF WILLS -~ ~,. ~, ~;_w; CUMBERLAND COUNTY PENNSYLVANIA = - t-rt ~' ~ `~ ? ~--`~ ~~' " ~ Q 3 7 >' t.t..i ~~ a cn c> :.,., Estate of Betty L. Bachman `; Deceased Jennifer B. Hipp and Beth B. Lengel , (each) a subscribing witness to (Print Name/s) the ®Will ~ Codicil(s) presented herewith, (each) being duly qualified according to law, depose(s) and say(s) that she / he /they was /were present and saw the above Testator /Testatrix sign the same and that she / he /they signed the same and that she / he /they signed as a witness at the request of the Testator /Testatrix in her /his presence and in the presence of each other. (sr r) J ifeL B Hipp One W st Main Street (Street Address) Shiremanstown, PA 17011 (City, State, Zip) Executed in Register's Office Sworn to or affirmed and subscribed before me this of day Deputy for Register of Wills (Signature) Beth B. Lengel One West Main Street (Street Address) Shiremanstown, PA 17011 (City, State, Zip) Executed out of Register's Office Sworn to or affirmed and subscribed before me this ('„ ~'~ day of ~~tn ~arL/ a0/U . ..~' rin Notary Public My Commission Expires: f~~sf ~3 ~i3 (Signature and Seal of Notary or other office ualified o administer oaths. Show date of expiratipn of Notary's Commission.) NOTE: To be taken by Officer authorized to administer oaths. Please have present the original or copy of instrument(s) at time of notazization. Form RW-03 rev. 10.13.06 _ _ _, _ __ ~~ ~~s eta ,~,,~-, 2 f -! a-- 003 f LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $6.00 P 16030267 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. i Local Registrar Date Issued r.~ v . c, ~ : ,,, t '.., _, ..1 ~ ~ ~ om ~ _13~~ - ' l7 ~ -tom +i ` > C`.`r a ' `~ ~ .~ ~,~~- ~ - .,~ "7~YPErP~wgr'N~ COMMONWRALTFI,~~t ~ `L~~' •.,. ,. ~ Y~r!' ! ~:1~ OF HEALTH • vRAL RECORDH euac-« 132-170 ` ~t r QF DEAT'M • on rwrrw) sure ~ r+uMeen ~ 1.bn,d O,w4e~Rid, aee7a yr,W h it .... i . ~. ~.i .;,.. 4 ':r. a~oaw BwwlMMnrr- '..lpl,d Dra pbr~dy,prJ Betty L Bachman male 20 - 18 - 6826. December 17, 2009 aA0-WdiAtlMl uwbf Ibebt a d •r. ew 4/rr Ora or w.M hY! wr Wbw ~ ~ ' 82 rn. 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Suite #1 t, -- - - +cca,aaaaca VUa lA 1/VTV OwwWlonP,drtNa ~ • ..., Ci v r '~{~. ~~1 ~ `, ~~} ~>+ LAST WILL AND TESTA~VIENT ~ C p c~ OF ~~ -moo r ~ n ;~ ~;-~ rn BETTY L . HACHMAN ':'.'~ c;~ ~? rv cJ:r '.~~~--- __..~ I, BETTY L. BACHMAN, of Bowmansdale, Cumberland~~unty°• Pennsylvania, make, publish and declare this as and for my Last ~ Will and Testament, hereby revoking all other Wills and Codicils heretofore made by me. FIRST: I give and bequeath all of my jewelry to my daughter, CHERYL L. FRASER. It is my desire that she distribute some of the family jewelry to my sons, STEPHEN D. BACEiMAN, GREGORY R. BACHMAN, and MICHAEL R. BACHMAN. The distribution shall be in CHERYL L. FRASER'S absolute discretion, acid shall not be binding on her in any manner. Should CHERYL L. FRASER prede- cease me, I direct that this bequest be and become a part of my residuary estate to be distributed as set forth :hereir7below. ECO I give and bequeath to my children, STEPHEN D. BACHMAN, CHERYL L. FRASER, GREGORY R. BACHMAN, and MICHAEL R. BACHMAN, their choice of any of my tangible personal property. I direct that the order in which STEPHEN D. BACHMAN, CHERYL L. FRASER, GREGORY R. BACHMAN and MICHAEL R. BACHMAN select items of my personal property shall be established as follows: each child.... in order of descending age shall select one piece, without regard to that item's value, as follows: the eldest child shall choose the first and eighth piece; the second eldest child shall choose the second and seventh piece; the third eldest child shall choose the third and sixth piece; and the youngest child shall choose the fourth and fifth piece, and thereafter continuing... Any items not selected by my children, shall be and become a part of my residuary estate to be disposed of as set forth hereirLbelow. THIRD: I devise and bequeath all the rest, .residue and remainder of my estate of whatever nature and wherever situate, ~°~~ -- ~ ; ~-' ~ , ~i:: i_ c ; ,_f_, _~.. ,::~:= rry,:.:, ~:~ c x including any property over which I hold power of appointment and together with any insurance policies thereon, in equal shares, to my children, STEPHEN D. BACHMAN, CHERYL L. FRASER, GREGORY R. BACHMAN, and MICHAEL R. BACHMAN, provided that should any of my children predecease me, I give and bequeath such. child's share unto his or her issue per stirpes by representation, and if there be a failure of same, then I give and bequeath such deceased child's share to my surviving children as provided herein. FOURTH: Should ar_y of my grandchildren not have attained the age of twenty-two (22) years at the time for dis- tribution to him or her, I give, devise and bequeath the share of each such grandchild to my hereinafter named Trustee or Trustees, IN SEPARATE TRUSTS, to hold, manage, invest and reinvest the shares so received, and to use and apply from time to time such portion of income and principal for the said grandchild's education (including college, trade school or other similar training or education), as my Trustee or Trustees, in their sole discretion, deem advisable. The Trustee or Trustees, in exercising their discretionary authority with respect to the payment of income or principal of the within Trust to my grand- children, shall take into consideration any income or other resources available to my grandchildren from sources outside this Trust. Any income or principal not so applied shall be dis- tributed to each grandchild when he or she attains the age of twenty-two (22) years. In the event any of my grandchildren die prior to the termination of this Trust established herein for their benefit, the interest of said grandchild in said Trust shall cease with any income and principal being ciivide~d evenly between or among that deceased grandchild's brothers or sisters or the separate Trusts established hereunder for their benefit and, in the absence of any brothers or sisters, or any Trusts 2 established hereunder for their benefit, to my other grandchil- dren, or the Trusts established hereunder for their benefit, in equal shares. FIFTH: In addition to all powers granted to them by law and by other provisions of this Will, I give the fiduciaries acting hereunder the following powers, applicable to all proper- ty, exercisable without court approval and effective until actual distribution of all property: (A) To sell at public or private sale, or to lease, for any period of time, any real or personal property and to give options for sales, exchanges or leases, for such prices and upon such terms (including credit, with or without security) or conditions as are deemed proper. This includes the power to give legally sufficient instruments for transfer of t:he property and to receive the proceeds of any disposition of it. (B) To partition, subdivide, or improve real estate and to enter into agreements concerning the partition, subdivi- sion, improvement, zoning or management of real estate and to impose or extinguish restrictions on real estate. (C) To compromise any claim or controversy and to abandon any property which is of little or no va:Lue. (D) To invest in all forms of property, including stocks, common trust funds and mortgage investment funds, without restriction to investments authorized for Pennsylvania fiduci- aries, as are deemed proper, without regard to any principle of diversification, risk or productivity. (E) To exercise any option, right or privilege granted in insurance policies or in other investments. (F) To exercise any election or privilege given by the Federal and other tax laws, including, but not necessarily being limited to, personal income, gift and estate or inheritance tax laws. 3 (G) To make distributions to my herein named benefici- aries in cash or in kind or partly in each. (H) To borrow money from themselves or others in order to pay debts, taxes, or estate or trust administration expenses, to protect or improve any property held under my will, and for investment purposes. (I) To select a mode of payment under any qualified retirement plan (pension plan, profit sharing plan, employee stock ownership plan, or any other type of qualified plan) to the extent the plan or the law permits them to do so, and to exercise any other rights which they may have under the plan, in whatever manner they consider advisable. SIXTH: I nominate and appoint STEPHEN D. BACHMAN, as Trustee of the hereinabove described trust. In the e~rent of the death, resignation or inability to serve for any reason whatso- ever of the said STEPHEN D. BACHMAN, I nominate and appoint CHERYL L. FRASER, as Trustee of the hereinabove described trust. I direct that my Trustee or Trustees shall serve withqut bond and shall receive fair and reasonable compensation. SEVENTH: I direct that all inheritance, estate, transfer, succession and death taxes, of any kind whatsoever, which may be payable by reason of my death, whether o~ not with respect to property passing under this Will, shall be .paid out of the principal of my residuary estate. EIGHTH: All interests hereunder, whether principal or income, which are undistributed and in the possession of the fiduciaries acting hereunder, even though vested or distribut- able, shall not be subject to attachment, execution or sequestra- tion for any debt, contract, obligation or liability oaf any beneficiary, and furthermore, shall not be subject to pledge, assignment, conveyance or anticipation. 4 NINTH: I nominate and appoint CHERYL L. FRASER, Execurix of this, my Last Will and Testament. In the event of the death, resignation or inability to serve for' any reason whatsoever of the said CHERYL L. FRASER, I nominate and appoint STEPHEN D. BACHMAN, Executor of this, my Last Will and Testament. I direct that my Executrix or Executor, Trustee or Trustees, as the case may be, and their successors, shall not be required to post security or a bond for the performance of their duties in any jurisdiction. IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my Last Will and Testament, this /~fh day of .aunt 2004. ~~~- " - "'~ Q~ SEAL ) BETTY BACHMAN Signed, sealed, published and declared by the above- named Testatrix as and for her Last Will and Testament in our presence, who, at her request, in her presence and in the presence of each other, have hereunto subscribed our names as attesting witnesses. Address Address ~~ 5