HomeMy WebLinkAbout06-21-12~ .wova
PETITION FOR GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA
Petitioner(s) named below, who is/are 18 years of age or older, apply(ies) for Letters as specified below, and in
support thereof aver(s) the following and respectfully request(s) the grant of Letters in the appropriate form:
Decedent's Information ^~ /I ,^,((~~~~ ~~
Name: Mariorie J. Bonner File No: ~ ~ ~d 6lt/ 1~i
a/k/a: (Assigned by Register)
a/k/a:
a/k/a: Social Security No: 199-OS-8454
Date of Death: June 8, 2012 Age at death: 93
Decedent was domiciled at death in Cumberland County, penn,5ylvan;a (stare) with his/her last
principal residence at ~ O p ~pti I?T4~ ST. Boilin¢ Sntin¢s. South Middleton Two. Cumberland
Street address, Post t'NBce and Zip Code City, Towaship or Borough County
Decedent died at 1920 Trolley Road West Manchester Twn York PA
Street address, Post Offtce and Zip Code City, Township or Borough County State
Estimate of value of decedent's property at death: N(/hl
If domiciled in Pennsylvania .......................... .. All personal property $ ~0. CSZYJ ,ls~
If not domiciled in Pennsylvania ...................... .. Personal property in Pennsylvania $
If not domiciled in Pennsylvania ...................... .. Personal property in County $
Valve ojreal estate in Pennsylvania .................... ..................................... $
TOTAL ESTIMATED VALUE.... $
Real estate in Pennsylvania situated at: ~ O~Q FbU i2TI~ ST..~Oi ~.(1~~ sp~ 1 l1~ , 5 . U. MBi:JE' ~.1~J~1~
(Attach additional sheets, if necessary.) Street address, Post fHftce and Zip ode City, Township or Borough County
® A. Petition for Probate and Grant of Letters Testamentary
Petitioner(s) aver(s) he/she/they is/are the Executor(s) named in the last Will of the Decedent, dated August 1, 2001 and Codicil(s)
thereto dated
State relevant circumstances (eg. renanciadon, deatk of executor, etc)
Except as follows: after the execution of the instrument(s) offered for probate Decedent did not marry, was
divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa. C.S. § 3
adopted; and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person.
Q NO EXCEPTIONS Q EXCEPTIONS
^ B. Petition for Grant of Letters of Administration (If applicable)
c.t.a., d.b.n., d.b.n.c.t.a., pendente
N
ed, was a nding
did nave m or
r.. N ~~•~
If Administration, c.tm or db.n.c.ta., enter date of Will in Section A above and comalete list bftheirs.
Except as follows: Decedent was not a party to a pending divorce proceeding wherein the grounds for divorce had been established as defined
in 23 Pa. C.S. § 3323(8) and was neither the victim of a killing nor ever adjudicated an incapacitated person.
Q NO EXCEPTIONS Q EXCEPTIONS
Petitioner(s), after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse (ifany) and heirs (attach
additional sheets, if necessary):
Name
FarmRW-oz .ev.lonvaou Page 1 oft
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF Cumberland
To the Register ojWills:
Please eater my appearance by my signature below:
}
} SS:
}
Petitioner(s) Printed Name Petitioner(s) Printed Address
Karen B. Ro an 27 South Seward Street Yor PA 17404 `~`-`~ ~~ ~ r~
The Petitioner(s) above-named swear(s) or affum(s) the statements in the foregoing Petition are tme and correct to the best of the lmowledge and belief
of Petitioner(s) and that, as Personal Representative(s) of the Dec dent, the Pe ' 'oner(s~ will well and truly administer the estate according to law.
Sworn to ffirmed an subscribed before ~/ Date ~ ~/-/~
me this ,~ Date
By: Date
_ 1 r Date
BOND Required: Q YES Q,j N0
FEES:
ers ..................
~'f tt ~~ ~/~ (~
.... $~
~
(t„~ )Short Certificate(s).. .... C(~~
( )Renunciation(s)..... ... .
( )Codicil(s) ......... ... .
( )Affidavit(s)........ ... .
Bond .................... ....
Commission .............. ... .
Other
Automation Fee ............... /~'
JCS Fee .....................
TOTAL ..................... $
Attorney Signature:
Printed Nsme: Mark A. Mateya
Supreme Court
ID Number: 78931
Firm Name: Mateya Law Firm
Address: 55 W. Church Avenue
Carlisle, PA 17013
Phone: 717-241-6500
Fax: 717-241-3099
Email: mam ,mateyalaw.cnm
DECREE OF THE REGISTER
Estate of Marjorie J. Bortner File No: pG l f ~ ~ ~ l(~ ~~
a/k/a:
AND NOW, ~ ~ ~ ~ l{~ , in const to of the fo •egoing Petition,
satisfactory proof havin been presented before me, IT IS DECREED tha~tern
are hereby granted to r l'CCl f~ , t'~ 4^~~1
the instrument(s) dated _
described in the Petition be
~pp{~~((~~ ;;FG 1~sFF~n;E QF
f1LU~J~~1 ~~i `Q'97.~~C
in'4he above estate and (if applicable) that
probate and filed of record as the
,Will (and Coil(s)) o~'Decedent.
~~ ~ ~~
Form Rw-oz rev. 10/11/2011 Page 2 of 2
H105.805 RCV 19/11)
L RAR'S CERTIFICATION OF DEATH
I to duplicate this copy by photostat or photograph.
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Fee for this certificate, $6.0~ ~ ~ ~~~ ~ ~ ~~ ~. 4
OFtrPFiAN'S ~UAr
P 18 5 717 Rio ~~/ ~;
Certification Number
f7
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This is to certify that the information here given is
correctly copied from an original Certificate of Death
duly filed with me as Local Registraz. The original
certificate will be forwarded to the State Vital
RecQords Office for permanent filing.
--P~ni,~.t..QG~e,~.~, Cpl e2 ~~L
Local Regllstrar Date Issued
COMMONWEALTH OF PENNSYLVANIA. DEPARTMEM OF NGLTH ~ VITAL RECORDS
CERTIFICATE OF DEATH { FII N
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Dltposkion Parmk No.~ ~ ~ ~ O~ ~~ M106-U/
RCV 0)/2011
~~-~~~:
RF(,'ORUtD.t~~F~E OF
RE~iSicn ~~~ ,"1~1.S
• LAST WII.L AND TESTAMENT
(Pour-Over wiu) 1Q 11 JUN 21 PM 2~ 4 v
OF
MARJORIE S. BORTNER
'~.:r `.
ORPFiRN'S (;I;URr
IDENTITY ~~~ ~.• ~
I, MARJORIE S. BORTNER, residing in the County of Cumberland, Commonwealth of
Pennsylvania, being of sound mind and memory, and not acting under duress or undue influence of any
person whomsoever, hereby declare this to be my Last Will and Testament, and I do hereby revoke all other
former Wills and Codicils to Wills heretofore made by me. My Social Security Number is 199-OS-8454.
All reference made herein to "spouse or my spouse" refers to the person to whom I am currently
married, namely, NAN A. BORTNER By the ensuing provisions of this Will, it is my intention to dispose
of my interest in our property; I do not intend to dispose of anything belonging to my husband or to put him
to any election.
I have the following children: KAREN B. ROGAN born March 3, 1941 and currently residing in
Ardmore, PA; and CYNTHIA A. SWARTZ born July 9, 1943 and currently residing in York, PA.
DEBTS, TAXES AND ADMII~TISTRATION EXPENSES
• I have provided for the payment of all my debts, expenses of administration of property wherever
situated passing under this Will or otherwise, and estate, inheritance, transfer, and succession taxes, other
than any tax on ageneration-skipping transfer that is not a liability of my Estate (including interest and
penalties, if any) that become due by reason of my death, under THE NAN A. BORTNER AND
MARJORIE S. BORTNER REV OCABLE LNING TRUST executed on even date herewith (the "Revocable
Trust"), or if my spouse predeceases me, under the Survivor's Trust created by the said Revocable Trust.
If the Revocable Trust assets should be insufficient for these purposes, my Executor shall pay any unpaid
items from the residue of my Estate passing under this Will, without any apportionment or reimbursement.
In the alternative, my Executor may demand in a writing addressed to the Trustee of the Trust an amount
necessary to pay all or part of these items, plus claims, pecuniary legacies, and family allowafices by court
order.
PERSONAL AND HOUSEHOLD EFFECTS
It is my intent that all my personal and household effects were transferred to the Revocable Trust
as a result of the Declaration of Intent signed this date. If there are any questions regarding the ownership
or disposition of these assets, it is my desire that such assets pour into the Revocable Trust, signed by me this
date in accordance with the provisions of the section titled "Residue of Estate."
•
POUR-OVER WILLS
Page 1
(Testator/Testatrix)
RESIDUE OF ESTATE
I give, devise and bequeath all the rest, residue and remainder of my property of every kind and
description (including lapsed legacies and devices), wherever situated and whether acquired before or after
the execution of this Will, to the Trustee under that certain Trust executed by me on the same date of the
execution of this Will. The Trustee shall add the property bequeathed and devised by this item to the corpus
of the above described Trust and shall hold, administer and distribute said property in accordance with the
provisions of the said Trust, including any amendments thereto made before my death.
If for any reason the said Trust shall not be in existence at the time of death, or if for any reason a
court of competent jurisdiction shall declare the foregoing testamentary disposition to the Trustee under said
Trust as it exists at the time of my death to be invalid, then I give all of my Estate including the residue and
remainder thereof to that person who would have been the Trustee under the Trust, as Trustee, and to their
substitutes and successors under the Trust, described herein above, to be held, managed, invested, reinvested
and distributed by the Trustee upon the terms and conditions pertaining to the period beginning with the date
of my death as are constituted in the Trust as at present constituted giving effect to amendments, if any,
hereafter made and for that purpose I do hereby incorporate such Trust by reference into this my Will.
EXECUTOR
I hereby nominate and appoint NAN A. BORTNER as my Independent Executor of this, my Last
Will and Testament, to serve without bond.
• In the event the first named Executor shall predecease me or is unable or unwilling to act as my
Executor for any reasons whatsoever, then and in that event, I hereby nominate and appoint KAREN B.
ROGAN to serve without bond as my Independent Executor.
In the event the second named Executor shall predecease me or is unable or unwilling to act as my
Executor for any reasons whatsoever, then and in that event, I hereby nominate and appoint CYNTHIA A.
SWARTZ to serve without bond as my Independent Executor.
In the event the third named Executor shall predecease me or is unable or unwilling to act as my
Executor for any reasons whatsoever, then and in that event, I hereby nominate and appoint MAUREEN
PEER to serve without bond as my Independent Executor.
Whenever the word "Executor" or any modifying or substituted pronoun therefore is used in this my
Will, such words and respective pronouns shall be held and taken to include both the singular and the plural,
the masculine, feminine and neuter gender thereof, and shall apply equally to the Executor named herein and
to any successor to substitute Executor acting hereunder, and such successor or substitute Executor shall
possess all the rights, powers, duties, authority, and responsibility conferred upon the Executor originally
named herein.
EXECUTOR POWERS
By way of Illustration and not of limitation and in addition to any inherent, implied or statutory
powers granted to executors generally, my Executor is specifically authorized and empowered with respect
• to any property, real or personal, at any time held under any provision of this my Will: to allot, allocate
POUR-OVER WILLS
Page 2
(Testator/Testatrix)
between principal and income, assign, borrow, buy, care for, collect, compromise claims, contract with
respect to, continue any business of mine, convert, deal with, dispose of, enter into, exchange, hold, improve,
incorporate any business of mine, invest, lease, manage, mortgage, grant and exercise options with respect
to, take possession of, pledge, receive, release, repair, sell, sue for, make distributions in cash or in kind of
partly in each without regard to the income tax basis of such asset and in general, exercise all of the powers
in the management of my Estate which any individual could exercise in the management of similar property
owned in its own right upon such terms and conditions as to my Executor may seem best, and execute and
deliver any and all instruments and do all acts which my Executor may deem proper or necessary to carry
out the purpose of this my Will, without being limited in any way by the specific grants or power made, and
without the necessity of a court order.
My Executor shall have absolute discretion, but shall not be required, to make adjustments in the
rights of any Beneficiaries, or among the principal and income accounts to compensate for the consequences
of any tax decision or election, or of any investment or administrative decision, that my Executor believes
has had the effect, directly or indirectly, of preferring one Beneficiary or group of Beneficiaries over others.
In determining the Federal Estate and Income Tax liabilities of my Estate, my Executor shall have discretion
to select the valuation date and to determine whether any or all of the allowable administration expenses in
my Estate shall be used as Federal Estate Tax deductions or as Federal Income Tax deductions and shall have
the discretion to file a joint income tax return with my spouse.
SPECIFIC OMISSIONS
I have intentionally omitted any and all persons and entities from this, my Last Will and Testament,
• except those persons and entities specifically named herein. If any person or entity shall challenge any term
or condition of this Will, or of the Living Trust to which I have made reference in the sections "Household
and Personal Effects" and "Residue of Estate," then, to that person or entity, I give and bequeath the sum of
only one dollar ($1.00) only in lieu and in place of any other benefit, grant, bequest or interest which that
person or interest may have in my Estate or the Living Trust and its Estate.
SIMULTANEOUS DEATH
If my spouse and I should die under circumstances such that the order of our deaths cannot be
determined, then it shall be conclusively presumed for the purpose of this Will that my spouse survived me.
If any other Beneficiary should not survive me for sixty (60) days, then it shall be conclusively
presumed for the purpose of this my Will that said Beneficiary predeceased me.
MARJ S. BORTNER
Testatrix
•
POUR-OVER WILLS
Page 3
(Testator/Testatrix)
• This instrument consists of 5 typewritten pages, including the Attestation Clause, Self-Proving
Clause, signature of W itnesses, and acknowledgment of officer. I have signed my name at the m of each
of O~G J~~"'/ pages.~~s instrument is being signed by me on this day of
ATTESTATION CLAUSE
The Testatrix whose name appears above declared to us, the undersigned, that the foregoing
instrument was her Last Will and Testament, and she requested us to act as witnesses to such instrument and
to her signature thereon. The Testatrix thereupon signed such instrument in our presence. At the Testatrix's
request, the undersigned then subscribed our names to the instrument in our own handwriting in the presence
of the Testatrix. The undersigned hereby declare, in the presence of each of us, that we believe the Testatrix
to be of sound and disposing mind and memory.
Signed by us on the same day and year as this Last Will and Testament was signed by the Testatrix.
WITNESSES:
•
(Printed Name of Witness)
ADDRESSES:
/d5/ ~,~~
/ay ~u27'# S?•
S •
S . /~1~6 Bo, ~„~~ S~e~~r6s . ~ ~7yo7
(Printe Name of Witness)
•
POUR-OVER WILLS
Page 4 (Testator/Testatrix)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SELF-PROVING CLAUSE
BEF ME, ,-rJsli~~ed authority, on this day son ly apps _MARJORIE S.
BORTNE)/~~~ ~iU~l ~ and eye ac , known to
me to be the Testatrix and the witnesses, respectively, wh eso n~arnes are subscribed to the foregoing
instrument in their respective capacities, and all of them being by me duly sworn, MARJORIE S. BORTNER,
Testatrix, declared to me and to the Witnesses, in my presence, that the instrument is her Will and that she
had willingly made and executed it as her free act and deed for the purposes therein expressed; and the
Witnesses, each on his or her oath, stated to me in the presence and hearing of the Testatrix, that the Testatrix
had declared to them that the instrument is her Will and that she executed the same as such and wanted each
of them to sign it as a witness; and upon their oaths, each witness stated further that he did the same as a
witness in the presence of the Testatrix, and at her request and that she was at that time eighteen (18) years
of age or over and was of sound mind, and that each of the witnesses was then at least fourteen (14) years
of age.
~ t~
MARJO S. BORTNER
Testatrix
• ` `~~
W' ess
(Printed Name of Witness)
5.
Witn n~i
(Printed Name of Witness)
SUBSCRIBED AND ACKNOWLEDGED before me ~~ BORR„Testatrix, and
b~" /f~ a d savor l~to before me by __G______~_ !G ---- and
~ ~ ~ witnesses, this the day of
~FI®T'~1~IlAL SEf~L
TODD 8. GARFINKLE, Notary Public ~~
Lower Southampron Twp.. Bucks County No Pu is Commonwealth of Penns lvania
Commission ~x Ma 3, 2004 ~'Y ~ Y
~1
J
POUR-OVER WILLS
Page 5
(Testator/Testatrix)