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HomeMy WebLinkAbout02-28-13 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 �'`� Name: DOROTHY K.BENDER File No:• ct 1 -2-u'i Wa: (Assigned by Register) a/k/a: a/k/a: Social Security No: Date of Death: FEBRUARY 19,2013 Age at death: 89 Decedent was domiciled at death in CUMBERLAND Comity, PENNSYLVANIA (state)with his/her last principal residence at 145 Pine Creek Dr.,Carlisle,PA 17013, North Middleton Township, Cumberland Street address,Post Office and Zip Code City,Township or Borough County Decedent died at 366 Alexander Spring Road„Carlisle,PA 17015,South Middleton Township, Cumberland, Pennsylvania Street address,Post Office and Zip Code City,Township or Borough County State Estimate of value of decedent's property at death: If domiciled in Pennsylvania............................ All personal property $ If not domiciled in Pennsylvania. ............. ..... ..... Personal property in Pennsylvania $ If not domiciled in Pennsylvania. .... ................... Personal property in County $ Value of real estate in Pennsylvania......................................................... S TOTAL ESTIMATED VALUE. ... $ 14 6. 00040 Real estate in Pennsylvania situated at: (Attach additional sheers,if necessary) Street address,Post Office and Zip Code City,Township or Borough County © A. Petition for Probate and Grant of Letters Testamentary Petitioner(s)averts)he/she/they is/are the Executor(s)named in the last Will of the Decedent,dated August 17,2010 and Codicil(s) thereto dated NIA State relevant circumstances(eg.renunciation,death of executor,etc.) Except as follows:after the execution of the instrument(s)offered for probate Decedent did not marry,was not divorced,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(g),and did not have a child bom or adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. NO EXCEPTIONS 0 EXCEPTIONS ❑ B. Petition for Grant of Letters of Administration (If applicable) c.t.a.,d.b.n.,db.n.c,t.a.,pendente lire,durante absentia,durante minoritate If Administration,c.ta. or ti b.n.ca a.,enter date of Will in Section A above and complete list of heirs. 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(g)and was neither the victim of a killing nor ever adjudicated an incapacitated person. NO EXCEPTIONS 0 EXCEP'TIONS 0r Petitioner(s),after a proper search has/have ascertained that Decedent left no Will andwas survivedby the followings itr ifany)aa4eirs tt additional sheets,if necessary): fma -0 Name Relationship Address r- CID ` C> t7 C'> C.i 'T? O t° aE n 32- C ri rra 40 CL? 'Ti Form RW-02 rev.1011112011 Page I of 2 uatn of rersonal xepresentanve ,...a,.._.,,y COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF CUMBERLAND } RECORDED F Petitioner(s)Printed Name Petiti 91din§6 Ad ess Charlotte K.Bond 145 Pine Creek Dr.,Carlisle,PAt PM 1 59 GLERK OF ORPHANS' COURT CUMBERLAND CO., PA The Petitioner(s)above-ndr kd swears)or affirm(s)the statements in the foregoing Petition are true and correct to the best of the knowledge and belief of Petitiouer(s)and that,as Personal Representative(s)of the D t,the Petitioner(s) '171 ellell an ly "nister the estate according to law. Sworn to on ffirmed and subscribed before � � Date F l,3 me day of , ) Date By: Z175 I Date For the Register Date BOND Required: Q YES 0 NO To the Register of Wills. FEES: Please enter my appearance by my signature below: Letters . . . . . . . . .. . . . . . I . . . . . . S Attorney Signature: ( �)Short Certificate(s).. . . . . ( )Renunciation(s).. . . . . . . . ( )Codicil(s). . . . . . . . . . . . . ( )Affidavit(s).. . . . . . . . . . . Bond.. . . . . . . . . . . . . . . . . . . .. . . Printed Name: Robert G.Frey Commissi n. . . . . . . . . . . Supreme Court Other / ID Number: 46397 fie. .r. . . . Firm Name: Frey&Tiley . . . . . . . . Address: 5 South Hanover St. . . . . . . . . Carlisle,PA 17013 Phone: 717—243—5838 Automation Fee. . . . . . . . . . . . . . . Fax: 17—24 —6441 JCS Fee. . . . . . . . . . . . . . . . . . . . . Email: rfrey @freytiley.com TOTAL. . . . . . . . . . . . . . . . . . . . . S DECREE OF THE REGISTER Estate of DOROTHY K.BENDER File No: -�3 - Z L G &Wa: AND NOW, , in consideration of the foregoing Petition, satisfactory proof having been presente efore me,IT IS DECREED that Letters Testamentary are here y granted to Charlotte K.Bond the instrument(s)dated August 17,2010 in the above estate and(if applicable)that described in the Petition be admitted to probate and filed of record as the last ill(and Co 'c l(s))of Decedent. egister of Wills Form RW-o2 rev. 1011112011 �'V Page 2 of 2 / o c m m rs LAST WILL AND TESTAMENT °� ,'; 2 c DOROTHY K. BENDER n z M 00 � t2 N o I, DOROTHY K. BENDER, widow,of North Middleton Township,gu@b,FlalarZ County, Pennsylvania, being of sound and disposing mind, memory and uz*>%andins'. F M do hereby make, publish and declare this as and for my Last Will and TestaiVrrf hereby.., � a revoking and making void any and all Wills by me at any time heretofore mac. CIO 1. I direct my hereinafter-named Executrix or Executors to pay all of my just debts and funeral expenses as soon after my death as may be found convenient to do so. I further direct that all inheritance, transfer, succession, estate and death taxes, including interest and penalties thereon, which may be payable on account of my death shall be payable from the residue of my estate regardless of whether the assets upon which such taxes are based are included in my probate estate. 2. I declare that I am the widow of Francis X. Bender, Jr., and that I have three children, JOYCE ANN PACHE, CHARLOTTE K. BOND, and MARY E. WEAVER. 3. I give and bequeath the lady's diamond ring which was formerly two rings and consists of 7 diamonds with a total weight of 2.61 carats,to Cara Haberacker. 4. All of the rest, residue and remainder of my estate, real, personal and mixed, and wheresoever the same may be situate, I give, devise and bequeath in equal shares to such of my children as shall survive me by a period of ninety (90) days, the share any deceased child would have received to pass to her issue, per stirpes, and if their be no such issue, said share shall lapse and be added to the remaining share or shares. 5. I hereby nominate, constitute and appoint my daughter, CHARLOTTE K. BOND, as Executrix of this my Last Will and Testament, but should she predecease me or fail to qualify as such, then in such event I nominate, constitute and appoint my son-in law, WALTER N. BOND, II as Executor, but should he predecease me or fail to qualify as such, then in such event I nominate,constitute and appoint my grandson, WALTER N. BOND, III, as Executor, and I further direct that none of them shall be required to post any bond to secure the faithful performance of her or his duties in the Commonwealth of Pennsylvania or in any other jurisdiction. 6. In addition to the powers conferred by law, my hereinbefore named Trustees and Executors and their respective successors, are empowered: a. To invest any part of the trust corpus in such securities, investments, or other property as may be deemed advisable and proper, irrespective of whether the same are authorized for the investment of trust funds under the laws of any governing jurisdiction. b. With respect to any corporation, the stocks, bonds, or other securities of which may be held, to vote in person or by proxy on any shares of stock; to consent to the merger, consolidation or reorganization of such corporations; to consent to the leasing, mortgaging or sale of the property of any such corporations; to make any surrender, exchange or substitution of such stocks, bonds or other securities as an incident to the merger, consolidation or reorganization of such corporations; to pay all assessments, subscriptions and other sums of money which may be deemed wise and expedient for the protection and maintenance of the proportionate interest of the investment in such corporations; to exercise any option or privilege which may be conferred upon the holders of such stocks, bonds, or other securities of such corporations either for the conversion of the same into other securities or for the purchase of additional securities, and to make any and all necessary payments which may be required in connection therewith; and generally to have and exercise as to all such stocks, bonds and other securities, the powers of an individual owner who is not under trust obligation. o�..4-W- Page I of 2 C. To hold the trust corpus in one or more consolidated funds in which separate shares shall have undivided interests. d. To sell at public or private sale for cash or upon credit, or partly for cash and partly on credit, and upon such terms and conditions as shall be deemed proper, any part or parts of the estate, and no purchaser at any such sale shall be bound to inquire into the expediency or propriety of any such sale or to see to the application of the purchase moneys arising therefrom. C. To keep on hand and uninvested such money as may be deemed proper and for such period as may be found expedient. f. To compromise, settle or arbitrate any claim or demand in favor of or against the trust estate. g. And authorized in the discharge of fiduciary duties, to employ counsel and to determine and to pay such counsel reasonable compensation which shall be charged against the principal or income of the trust fund, and shall further be entitled to charge against the principal or income such other reasonable expenses and charges as may be necessary and proper to incur for the proper discharge of fiduciary duties and for the proper management and administration of the trust estate. h. In making any division of property into shares for the purpose of any distribution thereof directed by the provisions of the trust, to make such division or distribution, either in cash or in kind, or partly in cash and partly in kind, as shall be deemed most expedient, and in making any division or distribution in kind may allot any specific security or property or any undivided interest therein to any one or more of such shares, and to that end may appraise any or all of the property so to be allotted and the judgment as to the propriety of such allotment and as to the relative value for purposes of distribution of the securities or property so allotted shall be final and conclusive upon all persons interested in the trust or in the division or distribution thereof. i. And authorized to register any shares of stock or other assets of any trust in their own names or in the name of a nominee. j. To retain and invest in shares of stock of my Trustee. k. To retain any investments including mutual funds which I may own at the time of my death and in addition to invest any part of the Trust corpus in such mutual fund or mutual funds as may be deemed advisable or proper, irrespective of whether the same are authorized for the investment of trust funds under the laws of any governing jurisdiction. 1. To determine from time to time whether all or some portion of realized capital gains shall be treated as ordinary income for distribution to a beneficiary or treated as principal to be retained as part of the corpus, and such designation need not be consistent from one year to another. IN WITNESS WHEREOF, I have hereunto set my hand and seal to this my Last Will and Testament written on two(2) pages,this +1q M'M� y of August,2010. d1 �+ -04t4_V (SEAL) DOkOTAY K. BENDER Signed, sealed, published, and declared by DOROTHY K. BENDER the Testatrix above named, as and for her Last Will and Testament, in our presence, who, in her presence, at her request, and in the presence of each other, have hereunto subscribed our names as attesting witnesses. Page 2 of 2 RECORDED OFFICE OF REGISTER OF WILLS Vcrn OATH OF SLBSCMBI�;G tiYIT S q P, 1 59 CLERK OF REG STER OF WILLS ���ttORPHANS' COURT (I � COUNTY,PEN-1NSYL%%MRLAND CO., PA Estate of !U ( �J ,Deceased ale&each)a subscribing witness to (Print me/sJ the O Will ❑Codicil(s)presented herewith, (each)being duly qualified according to law,depose(s)and says)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. (Signature) tgnature) s sCD.-)""N C'V-�-V-9-r s sn,)KN I4-,v,ov--- (Street Address) (Street Address) (City,State,Zip) (City,State,Zip) Executed in Register's Office Executed out of Register's Office Sworn to or affirmed and subscribed Sworn to or affirmed and subscribed Lz=ore me this b day bcfore me this day of aU jam. of Deputy for Register of`Fills Not_rN-Public My Corvrission Expires: (Signature and Seal of Notary or other official-,ualined to administer oaths. Shou date of expiration 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 notarization. Form RW-03 rev. 10.13.06