HomeMy WebLinkAbout02-07-11PETLTION FOR PROBATE AND GRANT OF LETTIERS
RECJISTF;:R OF WILLS OF CUMBERLAND
COUNTY, PENNS~'L,~IAN]:A
®~.~~~~' JJ
Estate oi' Charles A. Bonner, Jr. File Numbber 21 ~(~,"~_1_ _
also known as
,Deceased Social Security Number
(ies) for:
(COMPLETE 'A' OR 'B' BELOW:)
a A. Probate and. Grant of Letters Testamentary and aver that Petitioner(s) is /are the Executors ____ named in the
last Will of the Decedent dated 4/12/10 and codicil(s) dated None ____ _
(State relevant circumstances, e. g., renunciation, death of executor, etc.J
Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of~th.e instrument(s) offered
for probate. was not the victim of a killing, was never adjudicated incapacitated, and was not a party to a pending divorce proceeding at the time
of death wherein grounds foi~ divorce had been established as provided in 23 PA C.S. section 33:23 1;g.):
Not applicable
B. Grant of Letters of Administration
(If applicable, enter: c. 1. a.; d. b. n. c.t.a.; pendente liter durante absentia; durante minoritate)
Petitioner(s) after a proper search has /have ascertained that Decedent left no Will and was survived by the following spouse (if am~),and heirs: (~f
Administration, c. t. a. or d. b. n. c. t. a., enter date of Will in Section A above and complete list of heirs. j ~ ._ : __~
Name Relationshi _ Resick~~__ a.. _ _ ,. '~
,-..~ __.
-r-
_ _ - ~ ;~1~1 t --- -
{ • ~- ~:,
'..J
..1 ' _ -
(COMPLETE INALl: CASL'.S:) Attach additional sheets if necessary.
Decedent was domiciled at death in Cumberland County, Pennsylvania, with his /her last principal residence at _
8 Circle Drive Carlisle PA 17015 Middlesex Township ____ _
(List street address, torvnicity, roirrrship, county, state, yip code)
Decedent, then 85 years of age, died on 2/1/1 1 at 8 Circle Drive ____ _
Carlisle Middlesex Township ___ PA 17015 _
Decedent at death owned property with estimated values as follows
(]f domiciled in PA) All personal property $ rs_~=~ ~~ GSt~ o . ~ C)
(If not dotr~iciled in PA) Personal property in Pennsylvania $ ____ __
(If not domiciled in PA) Personal property in County $ ____ __
Value of real estate in Pennsylvania ~ ____ __
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 forn~i to
the undersigned:
Signature Typed or printed name and residence
1
1
+` ___-
Lisa Hoerner ~ Circle Drive
~" ~ ~ `~ `= ; ;~ ~ ` - ~ _ Carlisle
P.A 17015
; ,
-~~~"`~ c _~
= ___
_
Charles A. Bonner, III 53251 Robin Lane
,
~
t--~GP ~~..t'~ .~. '(. ~ ~ ~:; ... -----_". Frisco NC 27936
Page 1 of 2
Form RW'-02 rev. 10.13.06
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF CUMBERLAND
The Petitioner(s;1 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 ~,~`~~ ~(~~ .;~_C~_~: ~~„'~% ~~. - ~-= ~~ ~~---'
before me the day of
Signature ojPersonal Represenlative Llsa HOerner
-. , ~ ,~_ u._,__
_~,
Signatzre of Personal Representative
For the Register Signature of Personal Representative
C_, C._l~ ...,~ .~ .-~
~.
--- :'
::_:) _~ .
,. _~
~,: -;
_ ~ I, ~.~ .,t..
-.. .j...t` ~ -.
p •~ ~ J r. -.d _
File Number: 21 "°` ~ r ~ ~.~ I ~ r T
,-
Estate of Charles A. Bonner, Jr. ~~` -~
Deceas~ed~ ,°-
-..... .... ..i .. L_•7 ~i
Social Security Number: 205-12-1300 2/ 1 / 1 1 ~ ~ ~` ' ''
Date of Death: ____
f
~_..
AND NOW, ~'r ~- ~~ ~~ ~ , 2011 , in consideration of the foregoing Petition, satisfactory proof
having been presented before me, I IS DECREED that Letters Testamentary ____
are hereby granted to Lisa 1-ioerner and Charles A. Bonner, III _ ______
_ _ in the above estate
and that the instrument(s) dated 4/12/2010 - _~~
described in the Petition be admitted to probate and filed of record s the last Will (and Codicil(s)) of Decee~nt h
FEES
Letters .....................:...... $ _.
Short Certificate(s) ...:..... ~ - ~ , C~.~'
Rer},un 'ation(s) ~~~ ~~~~.~.~ ~.. $
r '~'
... $
.. $
... $
.... $
.. $
... $
TOTAL ............................ $ ~ - t,_~
Form RW-02 rev. l0. l3. ~~J6
~ Register of Wrlls ,L'',~;/ ~';i. ~~~~~ , ~ ~~~_;
Attorney Signature: _ ~_~ ~___,_
.Attorney Name: No V. Otto III ~__ _
Supreme Court I.D. No.: ?%'763 ____
Address: 10 E High St
Charles A. Bonner, III
Carlisle,
PA 17013
'Telephone: 717-Z43-3341 ____
Page 2 of 2
1 FI LES~I Iients` 1301 I Eionner~ 1301 1 I will2010
~~
~_.. _~_.
,.. _ -'
,..._
,J
~4 ~ r
~~r-a
LAST WILL AND TESTAMENT ~ , :" ~-~ a
-. ,,..~
_ .-~:
l'_~ ,~ ~7
L, CHARLES A. BONNER, JR., of Carlisle, Cumberland County, Pennsy~~~>~'a.;~ein~-0f
sound and disposing mind and memory, do hereby make, publish and declare this to ~ my Last ~~i I l ~ ~ ~_~
~--, ~~~
and Testament, hereby revoking any and all former Wills or Codicils made by me.
ITEM ONE
I direct that all my legally enforceable debts, funeral expenses, testamentary e~cpenses and
all death taxes (;whether such taxes may be payable by my estate or b;y any recipient of an:y property)
shall be paid f-rom my residuary estate as soon as practicable after my decease and as part of the
administration of my estate. 1VIy Executor(s) shall have no duty or obligation to obtain
reimbursement for any such tax so paid, even though on proceeds of insurance or other ph~operty not
passing under tads Will.
TTTA ii T~S7ll
I give, devise and bequeath all of the rest, residue and remainder of my estate, both real and
personal property, in the following manner:
A. Fifty percent (50%) thereof unto my Trustees, in Trust, for the follo~~ring; purposes:
1. I direct that my Trustees shall hold, invest and reinvest the same, collect the
income arising therefrom, and after paying all expenses incident to the mana~;ernent of the
trust, shall pay the net income, at least quarter-annually, to my son, CHARLES ~~. 1-3ONN E R,
III, for his lifetime.
2. Upon the death of my. said son, rfly Trustees shall distribute the principal o f
the Trust to the issue of my deceased son, CALLIE AhTN KITZMILLER and .IESSICA
MARIE BONNER.
B~. Fifty percent (50%) thereof unto my daughter, LISA HOF,RNER.
C'. "To the extent that the same is permitted bylaw, none of the beneficiaries hereunder
shall have any power to dispose of or to charge by way of anticipation any interest given to such
beneficiary; and all sums payable to such beneficiaries hereunder shall be free and c tear o f the debts,
contracts, alienations and anticipations of the beneficiaries, a.nd all liabilities for le~~ies and
attachments and proceedings of whatsoever kind, at law or in equity,
~' ~
~ Initials ~
Page 1 of 6 Pages
ITEM THREE
POWERS OF EXECUTORS AND TRIJS'TEES
In addition to the powers conferred by case law, by statute, and b_y other provisions hereon,
my Executors and Trustees, and their successors, shall have the following discretionary powers
applicable to all property held by them which powers shall be effective without order o~~ an~/ court
and shall exist until final distribution.
A.. To retain any property of any nature received by them for whatever periods they sha] 1
deem advisable;
B. To invest and reinvest all or anypart~ of said property in such stocks, bonds, common
trust funds, securities, accounts, certificates of deposit (including, but not limited to, stocks, bonds,
common trust funds, securities, accounts or certificates of deposit c-f the Trustees) or other property,
real or personal, as in their discretion they shall deem proper, without regard to statutes limiting the
property which a fiduciary may purchase;
C. To sell, transfer, exchange or otherwise dispose of, anypart of said property, for cash
or on terms, publicly or privately, or to lease, even for a term exceeding five (5) years or the duration
of any trust herein, without liability on the purchasers or lessees to see to the application of the
proceeds., and to give options for these purchases without the obligation to repudiate them in favor
of a higher offer ;
D. 'To execute and deliver any deeds, leases, assignments or other instruments as may
be necessary to carry out the provisions of any trust hereunder;
E. To borrow money, including the right to borrow money from anv bank and to
mortgage or pledge any asset of the estate as security;
F. To assume continuance of the status o.f any beneficiary with regard to death, ~«1ai-riage,
divorce, illness, incapacity and the like in the absence of information deemed reliable without
liability for disbursements made on such assumption;
C~. To pay from the trust, or the income therefrom, all debts or claims against my estate,
or any taxes or similar charges on my estate;
H. To make any distribution hereunder either in kind or in money, or partially in kind
and partially in money. Distribution in kind shall be made at the market value on the property
~~
__
(Initials ~
Page 2 of 6 Pages
distributed, and my Trustees, in my Trustees' absolute discretion, may cause the share distributed
to any distributee to be composed ofproperty similar to or different: from that distributed to an:y other
distributee;
L To exercise any subscription right in connection with any security held hereunder, to
consent to or participate in any recapitalization., reorganization, consolidation or merger of any
corporation, company or association, the securities of which may be held hereunder, to delegate
authority with respect thereto, to deposit investments under agreements, to pay assessments, and
generally to exercise all rights of investors;
J. To invest in endowment, insurance or annuity policies on the lives of beneficiaries
of any trust hereunder;
K. To continue in any partnership, joint venture, joint: ownership or otl:~er bu~~siness
enterprise of which I am a part at the time of my death;
L. To compromise claims;
M. To continue for whatever period of time as they shall deem necessary any ownership
as a tenant in common or as a partner, in real estate or other property and to act as I could have done
had I been living;
N. T'o lend money to my estate or to any trust created hereunder or to purcl~~a~.se from the
estate or from any trust created hereunder, at the market value thereof at the time of purchase, any
securities or other property tendered to them by my estate or any trust created hereunder at any time
and from time to time within a period of nine (9) months after m.y death;
G. In the event that any amounts are payable hereunder or under anv gust created
hereunder to a minor, or to a person otherwise under legal disabihity, or to a person no~~r ,adjudicated
to be an incapacitated person, but who, by reason of illness or mental or physical disability is., in the
opinion of the fiduciary(ies) hereunder, unable to properly administer such amounts, such amounts
may be paid by the fiduciary(ies) hereunder in his, her or their sole discretion in any of the following
ways as he, she or they may deem best:
7
~, .
beneficiary;
Directly to such beneficiary;
To a legally appointed guardian of such beneficiary for the benefit of such
c~~~
[Initials ~
Page 3 of 6 Pages
3. To a person having custody of such beneficiary for the ber~etit of such
beneficiary;
4. By the fiduciary(ies) hereunder using such amounts directly to the henefit of
such beneficiary.
Evidence of the application of payment of an amount in such a manner shall be a full aril complete
discharge of the fiduciary(ies) hereunder to the extent of such payment or application. This
paragraph shall be applicable to payments of income as well as principal.
P. To employ agents, attorneys and proxies and to delegate to them such power as my
personal :representative and Trustees consider desirable and to payreasonable compensation for such
services as may be rendered by such agents, attorneys and proxies;
Q~. To conduct an inventory of any safe deposit box necessary to the administraition of
my estate.
R. To do all other acts in their judgment necessary or desirable for the proper
management, investment and distribution of my Estate.
ITEM FOUR
PROTECTIVE PROVISIONS
All income or principal held for the use and benefit of the beneficiaries of any t.rust l~~ereunder
shall not be in any way or manner subject to anticipation, assignment, pledge, sale or transfer, nor
shall any such interest, while in the possession of my Trustees, be; liable for or subject to~ the debts,
contracts, obligations, liabilities or torts of any beneficiary, or to attachments, e:~ecutions or
sequestrations under process of law.
Tm~~ ,~ rT~ ~~
APPOINTMENT OF EXECUTORS AND TRUSTEES
I nominate, constitute and appoint my children, CHARLES A. BONNER, I:[I, and LISA
HOERNER, or either of them if one shall be unable or unwilling to serve, or continue to serve, as
Executors of my estate.
I nominate, constitute and appoint my children, CHARLES A. BONNER, L[I, and LISA
HOERNER, or either of them if one shall be unable or unwilling to serve, or continue to serve, as
Trustees of any trust created hereunder.
n ~~
~ Initials J
Page 4 of 6 Pages
ITEM SIX
WAIVER OF BOND
I direct that all fiduciaries acting under the Will, whether or not named herein. sha(1 not be
required to give bond for the faithful performance of their duties in any jurisdiction, nor shall thev
be required to obtain any order or approval of any court for the exercise of any power or discretion
set forth in this Will.
IN W[TNESS WHEREOF I have hereunto set my' hand and seal this - ~"~ day of
.~
,.
"/
,. _..~ .
~~~ L~_ $-- ~ ~ . (.SEA L. )
f---r-------
Charles A. Bonner, Jr.
SIGNED, SEALED, PUBLISHED AND DECLARED by the above-named Testator, as and
for his Last Will and Testament, in the presence of us, who at his request, have hereunto s~~bscribed
our names as witnesses thereto, in the presence of the said Testator and of each other.
~~ ~ , , : ~
J
Page 5 of 6 Pages
COMMONWEALTH OF PENNSYLVANIA j
SS.
COUNTY OF CUMBERLAND )
We, Charles A. Bonner, Jr., No V. Otto III, and ,~`~ %2~_ = <~~ ~ ~ f ~ ~ ~ ~ t_ __ __~, the
Testator and the witnesses, respectively, whose names are signed to the foregoing instrument, being
first duly sworn, do hereby declare to the undersigned authority that the Testator signed and. executed
the instrument as his last Will and that the Testator has signed willingly, and that tl~ie Testator
executed. it as his free and voluntary act for the purposes therein expressed, and that each of the
witnesses, in the presence and hearing of the Testator, signed the Will as a witness and that to the
best ofhis%her knowledge the Testator was at that time eighteen years of age or older, oi~sound mind
and under tlo constraint or undue influence.
`~ u" ~i
~~arles A. Bonner, Jr., Testator
~~:-,~ ;
Witness
,i/,~ ~ ,
Wi!tne~s
Subscribed, sworn to and acknowledged before me by Charles A. Bonner, .1r~._ the. Testator,
~,
and subscribed and sworn to before me by ~~ /'~ ,;~, ~"~" ~ ~~~~~ - __ ____ and
. . ;.
.. ~ < . ~ ~ , r°~ ,'
_ / - <; - ~ ` ~ .~_~- ,the witnesses, this ~.~, day of ,,~~ , ~, . r , , _. ,
-. --- - ,~
f ~..
" <~ . ~
Notary Public
~r1;~~~i~P~I WEAL [ H o~~ PEIy1V55'I,VAlV1~,
~_ '~iC.1TA[~{Ai. SEA{ !!--
,Victoria 1.. ,:hto, No~arv fub{~c.
'~irlisle f3orou~h. C'umberlarid Coumty
"~~~~; commission expire. )ei:e~rher 2i). 2(!?"
Page 6 of 6 Pages