HomeMy WebLinkAbout02-12-13
BEFORE THE REGISTER OF WILLS OF
CUMBERLAND COUNTY, PENNSYLVANIA co rn
Co ;0
ESTATE OF MADELYN V. BAKER, deceased r~ c
r Il r?
Date of Death: January 3, 2013
PETITION TO ADMIT A COPY OF <; c
THE ORIGINAL WILL TO PROBATE y
NOW COMES the Petitioner, W. Andrew Bitner, by and through his
attorneys, Pecht & Associates, PC and Rob Bleecher, Esquire and respectfully
states as follows:
1. Petitioner is the son-in-law of Madelyn V. Baker ("Decedent") who died on
January 3, 2012, a resident of 761 Wertzville Road, East Pennsboro
Township, Cumberland County, Pennsylvania 17025.
2. Decedant's sole heirs are her three surviving adult children, William A,
Baker, Judith A. Rhinehart, and Virginia K. Bitner.
3. Decedant's son, Steven C. Baker died on December 23, 2010 leaving no
heirs.
4. On February 25, 1971 Decedent executed a Will which was prepared by
her attorney, Jon F. LaFaver.
5. Decedent executed the Will at the office of her attorney, Jon F. LaFaver,
in his presence and in the presence of his secretary, Darlene M. Long, who
both acted as subscribing witnesses.
6. Petitioner is not a beneficiary under the Will.
7. Charles W. Baker, husband of Decedent was named as executor. Charles
W. Baker died on November 2, 1994.
8. Petitioner is named as Executor.
~i
9. The original of Decedent's Will has not been located.
10. Petitioner's counsel contacted the office of Jon F. LaFaver, Esquire to
request they conduct a search of their files to determine if the original will
of Decedent was in their possession.
11. Jon F.LaFaver, Esquire was unable to locate the original Will and
Decedent never gave any instructions to Jon F. LaFaver, Esquire
regarding a revocation of said Will.
12. Petitioner, W. Andrew Bitner, has searched for, but is unable to locate, the
original Will of Decedent dated February 25, 1971.
13.A photocopy of the Will is marked as Exhibit "A", is attached hereto, and
made a part hereof."
WHEREFORE, Petitioner respectfully requests that a Citation be awarded to
William A. Baker, Judith A. Rhinehart, and Virginia K. Bitner, to show cause
why the photocopy of the will of Madelyn V. Baker, deceased, dated February 25,
1971 should not be admitted to probate as if it were the original.
Respectfully sub ' ted,
PECHT & OCI TES, P.C.
February 11, 2013
Rob ch , squire
PA IB 32594
1205 Manor Drive
Suite 200
Mechanicsburg, PA 17055
Telephone: 717-691-9809
Facsimile: 717-691-2070
rbleecher@,pechtlaw.com
Attorneys for Petitioner
® J 01V F. LaF~v~>f2
317 THIRD STREET
NEW CUMBERLAND, PENNSYLVANIA 17070
LAST WILL AND TESTAMENT
OF
MADELYN V. BAKER
I, MADELYN V, BAKER, of East Pennsboro Township, Cumberland County,
I Pennsylvania, being of sound mind, memory and understanding, do hereby make,
publish and declare this as and for my Last Will and Testament hereby revoking
and making void any and all other wills by me at any time heretofore made.
I.
,r
I direct that my Executor hereinafter named shall pay all my just
debts and funeral expenses as soon as conveniently may be done after my
decease.
II.
All the rest, residue and remainder of my estate, whether real,
personal or mixed, and wheresoever situate, I hereby give, devise and bequeath
unto my husband, CHARLES W. BAKER, if he survives me by a period of thirty
days. If my said husband does not survive me by a period of thirty days, then
this gift to him shall be divested, and I then give, devise and bequeath my
entire estate as follows;
A. I hereby give and bequeath my furniture and tangible personal
property unto my four children to be divided among them as they may agree, or
if they cannot agree, then as my Executor shall determine.
B. All the rest, residue and remainder of my estate, whether real,
personal or mixed, and wheresoever situate, I hereby give, devise and bequeath
unto my hereinafter named Trustee to hold in trust for the welfare, support,
i maintenance and education of my son, STEVEN C. BAKER.
f My Trustee shall use
such sums from interest and principal as, in his sole discretion, are necess-
ary and proper for these purposes. The Trust shall continue until Steven C.
Baker attains the age of twenty-one (21) years, or until his prior death, at
which time this Trust shall terminate absolutely. Upon the termination of
this Trust at the death or twenty-first birthday of Steven C. Baker, my
Trustee shall distribute the then remaining principal and interest, if any,
LAW OFFICER
ON F. LAFAVEH unto my issue in equal shares
17 THIRD STREET per stirpes.
N CUM0EII LA NO.PA•
Page one of four Pages
EXHIBIT
A
III.
TRUSTEE'S POWERS: My Trustee shall have the following powers in
addition to those given by law to be executed in his own sole discretion:
A. To retain any real or personal property which may at any time
form part of the Trust.
B. To invest in any real or personal property without restriction
to legal investments.
C. To purchase investments at premiums; to charge premiums to
income or principal, or partly to each.
D. To subscribe for stocks, bonds or other investments; to join
in any plan of Lease, mortgage, merger, consolidation, ex-
change, reorganization, forclosure or voting trust and to
deposit securities thereunder; and generally to exercise all
the rights of security holders of any corporation.
\ E. To repair, alter, improve or lease, for any period of time,
any real or personal property and to give options for leases.
F. To sell at public or private sale, for cash or credit, with
or without security, to exchange or to partition any real or
personal property and to give options for sales or exchanges.
G. To borrow money from any person, including Trustee, and to
mortgage or pledge any real or personal property.
H. To compromise claims.
I. To make distribution in kind.
J. To exercise all power, authority and discretion given by this
Instrument of Trust., after the termination of any trust created
herein until the same is fully distributed.
K. To purchase and hold investments in the name of a nominee.
IV.
MINORITY PROVISION: Any share of this Trust Estate which becomes
distributable to a minor shall be held in trust by Trustee during minority.
Trustee shall apply such amounts of income and principal as he, in his sole
discretion, deems proper for the support, education and welfare of such minor
and shall accumulate any unexpended balance of income. Such amounts may be
applied directly or may be paid to the person with whom such minor resides
or who has the care of or control of such minor, without the intervention of
a Guardian. Trustee shall not be obliged to supervise or inquire into the
application of such amounts by such person, and the receipt of such person
shall be a complete release of Trustee. Should the share of a minor, in the
LAW OFFICES
JON F. LAFAVER Page two of four Pages
817 THIRD STREET `
NEW CDMSERLAND. PA.
fl sole opinion of Trustee be or become too small to warrant continuing such fund
in Trust, or should its administration be or become impractical for any other
reason, Trustee, in his sole discretion, may pay such share, absolutely, to
fl the parent or other person maintaining said minor or may deposit such share in
the minor's name in a savings account in a savings institution of his choosing
Ij payable to the minor at majority.
I
V.
DISABILITY PROVISION: If any beneficiary shall, in the opinion of
F~•. Trustee, become mentally or physically incapacitated, Trustee may apply such
beneficiary's share, either
principal or income, for the support and welfare
of such beneficiary directly without the intervention of a Guardian.
VI.
RIGHT TO ADD TO TRUST: Trustee shall receive and add to the
principal of this Trust any property which at any time may be given to the
Trustee by myself or by any other person, by Deed, Will or in any other
manner.
VII.
PROTECTIVE PROVISION: All principal and income shall, until actual
distribution to the beneficiary, be free and clear of the debts, contracts,
alienations and anticipations of any beneficiary and the same shall not be
liable to any levy, attachment, execution or sequestration while in the
possession of Trustee.
VIII.
TAX CLAUSE; If any estate, inheritance, succession or other death
taxes are assessed against or measured by the assets of this Trust upon the
death of myself, this Trust shall bear its proportionate part thereof.
Trustee shall pay the same out of principal and may pay the same at such time
or times as Trustee deems advisable.
IX.
I hereby nominate, constitute and appoint my son-in-law, WARREN A.
BITNER, as Trustee and Guardian of the person of my minor son, Steven C. Baker,
i
LAW D.nEEa Page three of four Pages
JON F. LAFAVER
317 TNIND STREET
EW CUMSEALAND. PA.
TT
! if my husband, Charles W. Baker, should predecease me.
1i
X.
I hereby nominate, constitute and appoint my husband, CHARLES W.
11BAKER, as Executor of this, my Last Will and Testament. If the said Charles
W. Baker should predecease me, or otherwise fails to qualify, or ceases to
Ii act as such, then I nominate, constitute and appoint my son-in-law, WARREN A
~I
BITNER, as Executor.
XI.
II# No fiduciary acting under this Will shall be required to post bond
in this jurisdiction or in any jurisdiction in which he may act.
II IN WITNESS WHEREOF, I, Madelyn V. Baker, the Testatrix, have unto
this, my Last Will and Testament set my hand and seal this .j
day of
A. D., 1971.
!I~
.I
(SEAL)
I
SIGNED, SEALED, PUBLISHED and DECLARED by Madelyn V. Baker, the
above-named Testatrix, as and for her Last Will and Testament in the presence
!I
)1 of us, who have hereunto subscribed our names as witnesses at her request, in
the presence of the said Testatrix and of each other.
~I
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II ,
I
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LAW OIIIC [B ~
FAV
JON F. LA CE ER Page four of four Pages
317 MAD BTR EET ~I
NEW CUMBERLAND. VA. ~j
CODICIL
LAST WILL AND TESTAMENT
OF
MADELYN V. BAKER
25TH DAY OF FEBRUARY A.D. 1971
IX
I hereby nominate, constitute and appoint my daughter
Judith A Rhinehart, as Trustee and Guardian of the person of
my minor son Steven C, Baker, if my husband, Charles W. Baker,
and my son-in-law, Warren A. Bitner, should predecease me.
X
If the said Charles W. Baker and Warren A. Bitner should
predecease me, or otherwise fail to qualify, or cease to act as
such, then I nominate, constitute and appoint my daughter,
Judith A. Rhinehart, as Executor.
In witness whereof, I Madelyn V. Baker, the Testatrix, have
set my hand and seal this 22nd day of September A. D. 1976,
(SEAL)
State of Pennsylvania
County of Cumberland
On this 22nd day of September, 1976, before me, a Notary
Public, in and for the said State and County, Madelyn V. Baker
personally appeared, known to me , and acknowledged that she
executed same, for the purposes therein contained.
In witness whereof, I hereunto set my hand and official seal.
W' tness : i-~'3EaL)
MARY C.SCHANER, NOTARY PUBLIC
M XJ~/t lV~ N
OTARY PUBLIC SST PENNSBORO TOWNSHIP.
A
CUMBERLAND COUNTY
My Commission Expires MY COMMISSION EXPIRES UCT, 30, 1976
{
VERIFICATION
I, W. Andrew Bitner, the Petitioner herein, state that the averments
contained in the foregoing Petition are true to the best of my knowledge,
information and belief. Further, I am aware that any false statements made
herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating
to unsworn falsification to authorities.
Date: 30 !,3 ajizw aA~t~
W. Andrew Bitner
CERTIFICATE OF SERVICE
I, Rob Bleecher, Esquire, hereby certify that I have served the foregoing
Petition to Admit a Copy of The Original Will to Probate, by U.S. First Class Mail,
postage prepaid, as follows:
William A. Baker
170 Locust Grove Road
Dillsburg, PA 17019
Judith A. Rhinehart
2393 Lambs Gap Road
Enola, PA 17025
Virginia K. Bitner
435 Stone Jug Road
Lewisberry, PA 17339
Jon F. LaFaver, Esquire
Stone, LaFaver & Shekletski
414 Bridge Street
POBox E
New Cumberland, PA 17070
PECHT SOCIATES, PC
February 11, 2013
Rob Bleecher, Esquire
PA. I.D. No. 33594
1205 Manor Drive, Suite 200
Mechanicsburg, PA 17055
Phone: (717) 691-9808
Fax: (717) 691-2070
Attorneys for Plaintiff