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HomeMy WebLinkAbout03-25-10r PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of Jane I. Bender File Number 21 -10 -D~p$' also known as Social Security Number 188-05-3770 Deceased Suzanne K. Hilborn PetRioner(s), who is/are 18 years of age oc older, apply(ies) for. ' (COMPLETE A' or'e' BELOW) QX A. Probate and Grant of Letters Testamentary and aver that Petkioner(s) islare the EX@CUtrIX named in the last Will of the Decedent dated 09/07/2004 and codicil(s) dated Mahlon H. Bender died 02/2212005 (State relevant pmumstances, e.g., renundahon, death o/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 ap rca , en r. c..a.; ..n.c..a.; a uren e a n e,• uran a mn 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 lMll in Section A above and complete list of heirs.) Name Relationship Residence n o ICJ © _ :y ~7 ~ - "Y ~ p . p 1 7 T'J C1j ~•r ~ (COMPLETE /N ALL CASES:) Attach additional sheets if necessary. ` ' ~- ~ ~ _: `` > Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal reside - ~ r' 2100 Bent Creek Bivd ,Mechanicsburg, PA 17050 ~ -~ ~ ~~ ~ '~' (List street address, towrvtxty, tcttinship, county, state, zip code) ~ _ -~ Decedent, then $9 years of age, died on Decedent at death owned property with estimat (if domiciled in RA) (If not domiciled in PA) ~.,_ (If not domiciled in PA) Value of real estate in Pennsylvania situated as follows: 03/03/2010 at The Bridges of Bent Creek ed values as follows: All personal property $ 70,000.00 Personal property in Pennsylvania $ 'Personal property in County g Wherefore Petitloner(s) respectfuly request(s) the probate of the last Will and Codial(s) presented with this Petition and the grant of Lepers in the appropriate form to the undersigned: Signature Typed or printed name and residence • Suzanne K. Hilborn 5613 Moreland Court ~J~ ` Mechanicsburg, PA 17055 Fwm rcw-uz aev. Copyright (c) 2008 form software only The Ladmer Group, Inc. Paga 1 of 2 Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA couNTY of Cumberland } 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 ~r afFirmed and subscribed ~lL_ before me this ~ day of 2~Ly Fo the Register Suzanne K. Hilborn Signature of Personal Representative Signature of Personal Representatroe File Number: 21 - 10"' j~" Estate of _ Jane I. Bender Deceased Social Security Number. 188-05-3770 Date of Death:. 03/03/2010 AND NOW, (~`~~p~~~~ ~_ , in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to Suzanne K. Hilborn in the above estate and that the instrument(s) dated 09/07/2004 described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent. FEES Letters ............................................ snort certificate(s) ........................ Renunciation(s) ............................. ~~~v~ _~1v~ ~~ j (~ ~ f~.~ $ ,~. ov TOTAL .................................... $ Attorney Name: Debra K. Wallet Supreme Court I.D. No.: X3989 Law Offices of Debra K. Wallet address: 24 North 32nd Street Camp Hill, PA 17011 Telephone: 717/737-1300'` ' ~ ' ° " u' - Form RW OZ Rev. 10-13-2006 Copyright (c) 2008 form software onty The Lackner Group, Inc. Pa e 2 of 2 9 Attorney Signature: ~~ 1<, ~~W.. _ _ H105 ROS Rl~b'rt1 Vl~?1 ~~~ /~~~~/l~Y 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 16341741 Certification Number This is to certify that the information here given is correctly copied from an on„final Certificate of Death duly filled with me as Local Registrar. The original certiticate will be forwarded to the State Vital Records Office for permanent filing. ~~xt,w,c.,r Q . Q'~Q.,~..P MAR ~ 0 2110 -Local Registrar Date Issued _ N _o _ ~ © d J t~1'1 z N ~ , 7 :: __ .~ ~ COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VRAL RECORDS `~ J ~ ~ . ~` , CERTIFICATE OF DEATH ~-~C-' ~ 3 T .T (See InetrueHene eeW avrnnlw nn raw...l w . -.~. N,SS,p REV „r3o03 TYPE r PRnIT w ewK ~~ t. Nrr e10•oedae tFrL orde, rK alb) z Sr 3. Badd Sewly Numbr ^, c r'~ • /. ry Jane I Bender Deee pbah, rrr) • - ~. 1 ~ ` •~ ~ . Female 18r~ OS - 3770 ? /3,/20 ~ ke lL+a une«, un6r, a o.r a SYw T. ~ rdnnea e^. Prn a Deets as ~ ua.. acre Nan Lree. ~, ~: ~ rn. 8/26/1920 Lancaster, PA ^,,~,~,,, ^ ~„ p,~ ^ ~,,, ®,,~ ^ n.a~e>, ^ onr • eb. cwq a oeeni ee o*i. mo, Teq, a Or,h m. Foory Nrr In na , OM enea a~daenbal 3. wr Deradnn a ~wc agnv NO 'Nr 1a nw: Anrnwn bden, ~ x+,N,, nc. Cumberland Silver Springs The Bri es at Bent Creek ~ •~~ ~ White 11. Ueul d.ak tloia ar d N. Do ade 14. Wr DeOedaw «a h ee 13 oendafs Edralan ISwdN ^dY ~~ 3+~ ~pMaB f1. Nedal BYrc Mrrd, New Arord 6. Badvbp SOaew ~ wr, yw nWdai mmN gNdYreik prd9eYarlhdrby U.3. Mned Foioee7 Mr / $IWfldery (41A Colepe (1J a Sv) ' ~'~ ~~ Sales Clerk ^Yr ,~ widowed Not A livable conaanw~.u~m.r~w,a~rrw~.+ua.~ood~ o.wdar. K 2100 Bent Creek Blvd. Aawnrn.,o„resw PA ~°i:°e" „a L•1ree troedaMLNedh Silver Springs . Mechanicsburg, PA 17050 ,m.cwnr r ~ TOe"~P nd.^no.o.crraudwr, T~v. Aaaaumra 11. Fefale Nrr wlfl 10. Abtlrte Nrr(Fb4 mNde,nWtlnearmel ~` cMrea. 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GRW~ 770 KeN ~,5~ 'ed s" c tos ft , c-- 3 •-y-le i0 b z. oNPannw Pagan ra. _sJ Y /~S ' /' / `1.1~ ;__ , 2004Wills/Bender, Jane I. Will rev.09-07-04 ~ ~ t_ 7 G~ - - r--- : 1 LAST WILL AND TESTAMENT ~ "~ ~ . ~- ~ , , , JANE I. BENDER ` ~ `=~ ~ ~ -" ~ _ c.~c- ~= ~i7 ~ > -~ ` € I, JANE I. BENDER, of the City of Lancaster, County o~ ~' Lancaster, and Commonwealth of Pennsylvania, do hereby make, publish and declare the following to be my Last Will and Testament, hereby revoking any and all Wills and Codicils heretofore made by me. F~'~ ~ N ~~~ ai ~~~S~E~! ~s~.~~~ I direct that all estate, transfer, succession, inheritance, legacy, and similar taxes, together with interest and penalties in respect thereof, if any, upon or with respect to any property required to be included in my gross estate under the provisions of any tax law and whether or not passing under this Will or any codicil hereto, and upon or with respect to any person with respect to any such property, shall be paid out of my Residuary Estate, and that there shall be no apportionment of any such taxes, interest, or penalties. ITEM II DISPOSITION OF TANGIBLE PERSONAL PROPERTY I give certain items of my tangible personal property as set forth on a separate list bearing my signature at its end, which list I have placed with this Last Will and Testament, to those persons named upon such list provided that in each case such person survives me. To the extent that my directions lapse because of the death of any person named, the designated tangible personal property, together with all of my tangible personal property not specifically mentioned in my list, shall become part of my Residuary Estate as hereinafter defined. If no list bearing my signature is found with this Will, then this Item shall be of no effect. DIBPOBITION OF REBIDIIARY ESTATE IF 8POII8~3 BIIRVIVEB I give, devise and bequeath all of the rest, residue and remainder of my estate, both real and personal and wheresoever situate (my "Residuary Estate") to my spouse MAHLON H. BENDER, provided he survives me by thirty (30) days. ITEM IV DIBPOBITION OF YtEb'IDIIARY ESTATE IF SPOIIBE DOSS NOT BtTRVIVE In the event that my spouse MAHLON H. BENDER predeceases me or fails to survive me by thirty (30) days, I give, devise and bequeath my Residuary Estate as follows: (A) Ninety percent (90$) thereof to my daughter BIIZANNB R. HILBORN provided she survives me by thirty (30) days, and if she predeceases me or does not survive me by thirty (30) days, then -2- in equal shares to her children BELLY D. ANDER8ON and CHRISTI L. NEWMAN or to their issue per stirpes; (B) Five percent (5$) thereof to the PEARL STREET IINITED METHODIST CHIIRCH, located at 133 Pearl Street, Lancaster, Pennsylvania 17603; and, (C) Five percent (5$) thereof to my goddaughter JIILIE QARCIA, provided she survives me by thirty (30) days, and if she predeceases me or does not survive me by thirty (30) days, then her share of my Residuary Estate shall be added to share of my Residuary Estate set forth at Item IV (A) above. ITEM V AIITHORITIES OF PERSONAL REPRESENTATIVE RELATIVE TO DISTRIBIITIONS TO MINORS OR TO OTHERS IINDER A LEGAL INCAPACITY If any property held hereunder or under any codicil hereto shall be distributable or payable to a minor or other person under a legal incapacity, my Personal Representative, in such fiduciary's discretion, may: (A) Transfer and pay over all or any such property to (i) such minor, (ii) a guardian of the property of such minor or other person under a legal incapacity wherever appointed without requiring ancillary guardianship, (iii) a parent or person having the care or custody of such minor or other person under a legal incapacity without requiring such parent or person to qualify as guardian in any jurisdiction, or (iv) a custodian for such minor under the applicable version of the Uniform Transfers to Minors Act (with authority to maintain such custodial account until the maximum age of the beneficiary permitted by law); or, -3- (B) Set aside all or any such property, title to which shall have vested absolutely in such minor or other person under a legal incapacity, in a separate fund and hold the same until such minor shall become of age or sooner die or such other person under a legal incapacity shall have such incapacity removed or shall sooner die. During such period my Personal Representative may at any time or from time to time pay over all or any portion of such fund as provided in Sub-section (A) hereof, or invest and reinvest the same and pay or apply to or for the use of such minor or other person under a legal incapacity all or so much of the principal thereof and net income therefrom (including accumulated income), and accumulate and add to principal any net income not so paid or applied, as my Personal Representative may in such fiduciary's sole discretion determine, irrespective of any other source of income or resources of such minor or other person under a legal incapacity. My Personal Representative holding such fund shall not be required to give bond or security or to render periodic accounts and shall be entitled to compensation as if such fund were a separate trust. If any such property shall be tangible personal property, my Personal Representative shall have no duty to convert the same into productive property, and the expenses of the safekeeping thereof, including but not limited to insurance, shall be a proper charge against the income and principal of the other property held for such minor or other person under a legal incapacity pursuant to this Item or pursuant to any other -4- provision of this Will. I specifically empower my Personal Representative to retain any item of tangible personal property which my Personal Representative may deem to have family heritage or sentimental value to my beneficiaries for later delivery to my beneficiaries. (C) The receipt of the person to whom any principal or income shall be transferred and paid over pursuant to any of the above provisions shall completely discharge my Personal Representative from all liability with respect to any assets so transferred and paid over, and my Personal Representative shall have no obligation to see to the use or application of any such payment or to make inquiry with respect to any other resources or income of such minor or other person under a legal incapacity prior to making any such payment. ITEM VI ~3ENERAL AIIT80RITIES OF PERSONAL REPRES~MTATIVE My Personal Representative shall have with respect to any and all property, real and personal, whether principal or income and whether owned by me at the time of my death or thereafter received from any source whatsoever, the following powers, authorities, and discretions without limitation by their specification: (A) To retain any such property without regard to the proportion such property or similar property held may bear to the entire amount held, and whether or not the game is of the class in which fiduciaries are authorized by law or any rule of court to invest funds; -5- ~_ (B) To sell any such property upon such terms and conditions as may be deemed proper, at either public or private sale, either on credit for such period of time as may be deemed proper or for cash and with or without security, and the purchaser of such property shall have no obligation to see to the use or application of the proceeds of sale; to exchange, lease, sublease, mortgage, pledge, or otherwise encumber any such property upon such terms and conditions as may be deemed advisable; to grant options for any of the foregoing and to make any lease or sublease, including any oil, gas, or mineral lease, for such period of time and to include therein any covenants or options for renewal as may be deemed proper without regard to the duration of any trust and without approval of any court; (C) To invest and reinvest and to acquire by exchange property of any character foreign or domestic, or interests or participations therein, including by way of illustration but not of limitation real property, mortgages, bonds, notes, debentures, certificates of deposit, capital, common and preferred stocks, and shares or interests in investment trusts, mutual funds or common trust funds, without regard to the proportion any such property or similar property held may bear to the entire amount held and whether or not the same is of the class in which fiduciaries are authorized by law or any rule of court to invest funds; to contribute to the capital of any limited partnership and to become a limited partner therein; (D) To borrow at any time and from time to time from any person or corporation (including any fiduciary acting hereunder) -6- for such periods of time and upon such terms and conditions as may be deemed proper, such sums of money as may be deemed necessary or advisable, and to secure such loans by the pledge or hypothecation of any property held hereunder, and the decision with respect thereto shall be conclusive on all persons interested hereunder; no person making such loan shall be bound to inquire into the necessity, expediency, or propriety thereof or to see to the application of the sums loaned; (E) To hold any personal property in any state; to register and hold any property of any kind, whether real or personal, at any time held hereunder in the name of a nominee or nominees; and to take and keep any stocks, bonds, or other securities unregistered or in such condition as to pass by delivery; (F) To make or refrain from making elections permitted under any applicable income, estate, or inheritance tax law without regard to the effect of any such election on the interest of any beneficiary of my estate and, if any such election shall be made, to apportion, or refrain from apportioning, any benefits thereof among the respective interests of the beneficiaries of my estate, all in such manner as shall be deemed appropriate; (G) To employ investment counsel, accountants, depositaries, custodians, brokers, attorneys, and agents, irrespective of whether any person so employed shall be a fiduciary hereunder or a firm or corporation in which a fiduciary hereunder shall have an interest, and to pay them the usual compensation for their services out of the principal or -7- income of the property held hereunder, in addition to and without diminution of or charging the same against the commissions or compensation of any fiduciary hereunder; and any fiduciary who shall be a partner in any such firm shall nevertheless be entitled to receive his or her share as partner of the compensation paid to such firm; (H) In distributing any property held hereunder, to transfer and pay over the same in kind (at market value unless otherwise directed herein) or in cash or partly in kind and partly in cash, and as to any property transferred and paid over in kind to so use any distribution to be composed of cash, property, or undivided fractional interests different from any other distribution and to determine the property to be transferred and paid over to any persons; (I) To file joint income tax returns with my spouse, to consent to treat any gifts made by my spouse at any time prior to my death as having been made one-half (1/2) by me for the purposes of any gift tax law, and to file gift tax returns in connection with such gifts; (J) To allocate to income all cash dividends or other cash distributions, whether ordinary or extraordinary, received from any source, including without limitation by the specification thereof, all dividends or distributions in cash received from any mining or other wasting asset corporations or real estate corporations, partnerships, investment trusts or other real estate interests, or business trusts at any time held hereunder (notwithstanding such cash dividends or distributions may have been extraordinary or designated or described by the disburser -8- thereof to be in whole or in part a return of capital or a distribution from depletion or depreciation reserves) without setting apart any portion of such cash dividends or distributions to maintain principal intact; provided, however, that any cash dividends or distributions in connection with the winding up of the business or the liquidation of substantially all of the assets or the dissolution of any corporation, partnership, trust, or other entity shall be allocated to principal; (K) To allocate to principal all dividends and distributions payable in the stocks, bonds, or other securities, whether of the disbursing company or another company; (L) To exercise all the rights, powers, and privileges herein conferred after the termination of any trust hereunder and until the completion distribution of the property held hereunder; (M) To convey or exchange upon such terms and conditions as may be deemed proper any real property or interest therein held hereunder to any corporation or partnership whether general or limited, or to any real estate investment trust formed or to be formed, and to receive in payment therefor stocks, bonds, and other securities, whether or not of the same kind of such corporation or any interest in such partnership or real estate investment trust, whether or not the same as of the class in which fiduciaries are authorized by law or any rule of court to invest funds; and, (N) To disclaim any interest in property to which I or my Estate might otherwise be entitled. -9- LASTLY APPOINTMENT OF PERSONAL REPRESENTATIVE I appoint my spouse MAHLON 8. BENDER to be my Personal Representative under this Will. If MAHLON H. BENDER shall for any reason fail to qualify, or having qualified, shall cease to act as Personal Representative hereof, I appoint my daughter SII$ANNE 1C. BILBORN to be my Personal Representative in my spouse's place. If SIIZANNE R. HILBORN shall for any reason fail to qualify, or having qualified, shall cease to act as Personal Representative hereof, I appoint my daughter's spouse 11ILLIAM B. HILBORN to be my Personal Representative in my daughter's place. Any and all substitute or successor Personal Representatives or Administrators c.t.a. hereof, whether or not named herein, shall have all the powers, authorities, and discretions herein granted to my Personal Representative originally named. . I direct that no Personal Representative herein named shall be required to furnish bond or other security in any jurisdiction where such Personal Representative may be called upon to act. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 7th day of September, 2004. J I. BENDER -10- ti ~. I SIGNED, SEALED, PUBLISHED, and DECLARED by the above-named person, JANE I. BENDER, on the date hereof, to be such person's Last Will and Testament, in the presence of the undersigned, who at such person's request, in such person's presence and in the presence of each other, have hereunto subscribed their names as attesting witnesses. residing ~j'1. ~~~ ~~ esiding at Me,Mr- J~+'Y ~F}- atl~~~_~~ COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF LANCASTER ) I, JANE I. BENDER, whose name is signed to the attached or 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. ~. E I. BENDER SWORN or AFFIRMED, SUBSCRIBED and ACKNOWLEDGED before me by JANE I. BENDER, this 7t'' day of Se tember, 2004. Notary Public My commission expires: ~' ~_ ~4 -11- • ~ . ~ _. .. ~ ~ __. ....1,.. ... yr,....... ..~.. 4 COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF LANCASTER We, and , whose names are signed to the attached or foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw JANE I. BENDER, sign and execute the instrument as such person's Last Will and Testament; that such person signed willingly and executed it as such person's free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of such person signed the Will as witnesses; and that to the best of our knowledge such person was at that time eighteen (18) or more years of age, of sound mind and under no constraint or undue influence. Wi n ss fitness SWORN or AFFIRMED, and SUBSCRIBED before me by the witnesses, this 7th day of Septembe , 2004. ~~/~~, ~ ~ ~ ~r~r Notary Public My commission expires: ~.Y~~ s~ t~Mi~. L Qiirlr. 11i~~~ 1 i~~s rllpG ~. ~- -12- w ,R