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HomeMy WebLinkAbout11-26-13 Reset 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 a� Name: Patti S.Bednarik File No: a/k/a: (Assigned by Register) a/k/a: a/k/a: Social Security No: Date of Death: October 26,2013 Age at death: 56 Decedent was domiciled at death in Cumberland County, Pennsylvania (state)with his/her last principal residence at 17 Annette Drive,Enola,PA 17025 East Pennsboro Township Cumberland Street address,Post Office and Zip Code City,Township or Borough County Decedent died at Center for Compassionate Care,50 Moffett St., City of Pittsburgh Allegheny 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 Pennsyl vania............................ All personal property $ 10,000.00 If not domiciled in Pennsylvania. .......... ......... .... Personal property in Pennsylvania $ If not domiciled in Pennsy lvania. ... .............. ...... Personal property in County $ Value of real estate in Pennsylvania..... .............. ...... ......... .... .... ...... ......... $ TOTAL ESTIMATED VALUE. ... $ 10,000.00 Real estate in Pennsylvania situated at: (Attach additional sheets,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)aver(s)he/she/they is/are the Executor(s)named in the last Will of the Decedent,dated April 30,2013 and Codicil(s) thereto dated n/a AJ wti State relevant circumstances(e.g.renunciation,death of executor,etc.)ny G c a t'r'i n Q Except as follows: after the execution of the instrument(s)offered for probate Decedent did not marry,was:Xdryprced,waii�t a pe5gy f�%pending divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa.C.S. §33�A(gTprt;did ti'Fhav�c�d bom or adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. ;]7 x, t— N irl rri 1-' _,, rrt Gr NO EXCEPTIONS 0 EXCEPTIONS D B. Petition for Grant of Letters of Administration (If applicable) _ ?' c.t.a.,d.b.n.,d.b.n.c.t.a.,pendente lita;�duFcinte abser iiq durdnt tinoritate If Administration,c.t.a. or d.b.nx.tx.,enter date of Will in Section A above and cormp—I$te list p!�heim a. r`V 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. Q NO EXCEPTIONS 0 EXCEPTIONS Petitioner(s),after a proper search hasihave ascertained that Decedent left no Will and was survived by the following spouse(if any)and heirs(attach additional sheets,if necessary): Name Relationship Address Form RW-02 rev.10/1112011 Page 1 of 2 Oath of Personal Representative Official Use Only COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF } Petitioner(s)Printed Name Petitioner(s)Printed Address Joseph T.Bednarik 17 Annette Drive Enola PA 17025 The Petitioner(s)above-named swear(s)or affirm(s)the statements irthe 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 Dece nt,the Petitioner(s)will well and truly administer the estate according to law. Sworn Wof ffirmed and subscribed before Date�Z�1,� I this day of nbeV ,01013 Date By: Date For the Register Date BOND Required: Q YES Q NO To the Register of Wills: FEES: Please enter my appearance by my signature below: Lta Letters . . . . . . . . . . . . . . . . . . . . . . $ OO Attorney Signature: ( g ) Short Certificate(s). . . . . . 40.00 ( )Renunciation(s).. . . . . . . . ^- ( )Codicil(s). . . . . . . . . . . . . ( )Affidavit(s).. . . . . . . . . . . Bond.. . . . . . . . . . . . . . . . . . . . . . . — Pri ed Name: Craig A.Hatch,Esquire Commission. . . . . . . . . . . . . . . . . . Su reme Court Other . . . . . . . . ( ��p° ID Number: 76361 s� m n . . . . . "`� . . . . . . 1'5, Firm Name: Halbruner,HaA&jGuise,lZ-P . . . . . . . . Address: 2109 Market Sm.&,- C-> ' u . . . . . . . . Camp Hill, r.' I �t ,t D' M Y.. . . . . . . Phone: (717)731-9600 a Automation Fee. . . . . . . . . . . . . . . rJ.p° Fax: (717)731-9627P Q ► . r- rte JCS Fee. . . . . . . . . . . . . . . . . . . . . _ Email: C Hatt HHC'�Idi.lfnm r_j TOTAL. . . . . . . . . . . . . . . . . . . . . $ 15V AM �> W `n DECREE OF THE REGISTER Estate of Patti S.Bednarik File No: a/k/a: ^ AND NOW, NDVexY be_r a'(=> in consideration of the foregoing Petition, satisfactory proof having been presented before me,IT IS DECREED that Letters Testamentary are hereby granted to Joseph T.Bednarik in the above estate and(if applicable)that the instrument(s)dated April 30 2013 described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s))of Decedent. 0-A Register of Willso, Form RW-02 rev.1011112011 Page 2 o 2 RECOROED OFFICE OF REGISTER O r= Vl ll I S LAST WILL AND TESTAMENT Z0113 NOU 26 FR 1 13 OF CLERK O F PATTI S.BEDNARIK ORPHANS' COURT C UlM J S.CI)EIMARIK, now of 17 Annette Drive, Enola, Cumberland County, Pennsylvania, 17025,do publish and declare this to be my Last Will and Testament,hereby revoking all other prior wills and codicils made by me. FIRST: Family Background and Appointment of Executor. (A) Family and Background Information. I am married to JOSEPH T. BEDNARIK. We have no children. (B) Appointment of Executor. I appoint as my Executor and successor Executor (all hereinafter referred to as Executor) under this Will,the following named persons to serve without bond and without being required to account to any Court: Executor: My husband, JOSEPH T.BEDNARIK. Successor Executor: My brother, GARY SCHEIMER. SECOND: Funeral and Last Illness Expenses; Taxes. (A) Expenses of Funeral and Last Illness.Notwithstanding that my husband,JOSEPH T.BEDNARIK,survives me,I direct my Executor to pay my funeral expenses and the expenses of my last illness from my estate. (B) Taxes. I direct my Executor to pay any and all estate,inheritance,succession,legacy, transfer and other death taxes or duties,by whatever name called,including any and all interest and penalties thereon, imposed under the laws of any jurisdiction by reason of my death, upon or with respect to any and all property included in my gross estate for the purpose of such taxes, whether such property passes under or outside of this Will,out of my residuary estate,without being prorated or apportioned among or charged against the respective devises,legatees,beneficiaries,transferees, or other recipients of any such property or charged against any property passing or which may have passed to any of them. The Executor shall not be entitled to reimbursement for any portion of any such taxes from any such person. LAST WILL AND TESTAMENT OF PATTI S. BEDNARIK PAGE 2 THIRD: Tangible Personal Property. Except for those items excluded below and those items enumerated in the Letter of Instruction,I bequeath to my husband,JOSEPH T.BEDNARIK, all tangible personal property, including but not limited to clothing,jewelry, heirlooms, furniture, personal effects, motor vehicles, and all other similar articles, which I own, and the insurance thereon,if my spouse survives me by sixty(60)days. Tangible personal property shall not include: (1) any and all property used by me in any business, (2) cash on hand or on deposit in banks, (3) stock or securities, (4) any type of evidence of indebtedness, and (5) any life, health or accident insurance policies. If my husband,JOSEPH T.BEDNARIK, should predecease me,I bequeath such tangible personal property to my brother, CRAIG SCHEMER, my brother, GARY SCHEIMER my brother, ALAN SCHEIMER, and my sister-in-law, PATRICIA BRONDER, per stirpes, to be divided among them as they may select in as nearly equal shares as is practical. If there is any disagreement as to distribution,I direct my Executor to make such distribution. The decision of my Executor shall be final and binding. Any items not selected may be distributed or sold in the sole discretion of my Executor and, if sold, the net proceeds therefrom shall be added to the residue of my estate. Any such article allocated to a minor may, as my Executor deems advisable, either be delivered to the minor or to any person to safeguard on behalf of the minor. Notwithstanding any other provisions in this Article THIRD, I may leave a separate, dated and unsigned Letter of Instruction,which I shall place with my Will,containing directions as to the ultimate disposition of certain of the property bequeathed under this Article THIRD,and such Letter of Instruction shall determine the distribution of such items. FOURTH: Family Home. If my husband predeceases me, my house, at the time of my death, shall be sold and the proceeds therefrom shall be added to the residue of my estate. FIFTH: Residuary Gifts. (A) If my husband,JOSEPH T.BEDNARIK,survives me,I give,devise and bequeath all the rest,residue and remainder of my estate, of every kind and character,real,personal and mixed, tangible and intangible,and wherever situated,including any lapsed or renounced legacies,devises J�,g LAST WILL AND TESTAMENT OF PATTI S. BEDNARIK PAGE 3 or residuary bequests(and including any property over which I may have a Power of Appointment), to my husband, JOSEPH T. BEDNARIK. (B) If my husband, JOSEPH T. BEDNARIK, does not survive me, I give, devise and bequeath all the rest,residue and remainder of my estate,of every kind and character,real,personal and mixed, tangible and intangible, and wherever situated, including any lapsed or renounced legacies or devises (and including any property over which I may have a Power of Appointment), in the following amounts to the respective named and designated beneficiary: (1) If at the time of my death I have pets, I bequeath TWENTY THOUSAND DOLLARS ($20,000.00) per pet to MELISSA PARK, currently residing at 2699 Timber Glen Drive, Wexford, Pennsylvania, 15090, for the purpose of providing food,shelter,medicine and medical treatment for my pets. If MELISSA PARK has predeceased me or is unable to take possession of my pets, my Executor or Administrator can nominate an alternate care giver with the distribution being the same. My estate shall pay for the reasonably comfortable transport of our animals to MELISSA PARK or chosen alternate care giver. (2) FIVE THOUSAND DOLLARS ($5,000.00)of the residue of my estate shall be distributed to the M. PATRICIA CARROLL FUND. (3)TWENTY PERCENT(20%)of the residue of my estate shall be distributed to my brother, CRAIG SCHEIMER,per stirpes. (4)TWENTY PERCENT(20%)of the residue of my estate shall be distributed to my brother, GARY SCHEIMER,per stirpes (5)TWENTY PERCENT(20%)of the residue of my estate shall be distributed to my brother, ALAN SCHEIMER, per stirpes. (6)TWENTY PERCENT(20%)of the residue of my estate shall be distributed to my sister-in-law, PATRICIA BRONDER, per stirpes. (7) FIVE PERCENT (5%) of the residue of my estate shall be distributed to I b� LAST WILL AND TESTAMENT OF PATTI S.BEDNARIK PAGE 4 PARTNERS IN HEALTH. (8) FIVE PERCENT (5%) of the residue of my estate shall be distributed to ANIMAL LEGAL DEFENSE FUND. (9) FIVE PERCENT (5%) of the residue of my estate shall be distributed to HARRISBURG SYMPHONY ORCHESTRA. (10) FIVE PERCENT (5%) of the residue of my estate shall be distributed to CANINE RESCUE OF CENTRAL PA. (C) Distributions During Administration. Prior to final distribution of my estate, the Executor, in his discretion, may make partial distributions to one or more beneficiaries or Trusts. As a consequence, the Executorship and any Trusts created under this Will may exist contemporaneously. A distribution may be made subject to any indebtedness or liability of my estate. SIXTH: Spendthrift Provision. No beneficiary shall have the power to anticipate, encumber or transfer his or her interest in the estate in any manner other than by the valid exercise of a power of appointment. No part of the estate shall be liable for or charged with any debts, contracts,liabilities or torts of a beneficiary or subject to seizure or other process by any creditor of a beneficiary. SEVENTH: Powers of Executor. In addition to the powers and duties as may have been granted elsewhere in this Will, but subject to any limitations stated elsewhere in this Will, the Executor shall have and exercise exclusive management and control of the Estate and shall be vested with the following specific powers and discretion, in addition to the powers as may be generally conferred from time to time upon him by law: (A) In the management, care and disposition of the Estate, the Executor shall have the power to do all things and to execute such deeds and instruments as may be deemed necessary or proper, including the following powers, all of which may be exercised without order of or report to any Court: PSE-6 LAST WILL AND TESTAMENT OF PATTI S.BEDNARIK PAGE 5 (1) To sell, exchange or otherwise dispose of any property,real,personal or mixed, at any time held or acquired hereunder,at public or private sale,for cash or on terms,without advertisement, including the right to lease for any term notwithstanding the period of the Estate, and to grant options, including any option for a period beyond the duration of the Estate. (2) To invest all monies in such stocks,bonds, securities, mortgages, notes, choses in action,real estate or improvements thereon, and any other property as the Executor may deem best, without regard to any law now or hereafter enforced limiting investments of fiduciaries. (3) To retain for investment any property deposited with the Executor hereunder. (4) To vote in person or by proxy any corporate stock or other security and to agree to or take any other action in regard to any reorganization,merger,consolidation,liquidation, bankruptcy or other procedure or proceedings affecting any stock, bond, note or other security. (5) To use attorneys, real estate brokers, accountants and other agents, if such employment is deemed necessary or desirable,and to pay reasonable compensation for their services. (6) To compromise,settle or adjust any claim or demand by or against the Estate and to agree to any rescission or modification of any contract or agreement affecting the Estate. (7) To renew any indebtedness, as well as to borrow money, and to secure the same by mortgaging, pledging or conveying any property of the Estate, including the power to borrow at a reasonable rate of interest. (8) To retain and carry on any business in which the Estate may acquire an interest, to acquire additional interest in any such business,to agree to the liquidation in kind of any corporation in which the Estate may have an interest and to carry on the business thereof,to join with other owners in adopting any form of management for any business or property in which the Estate may have an interest,to become or remain a partner, general or limited, in LAST WILL AND TESTAMENT OF PATTI S. BEDNARIK PAGE 6 regard to any such business or property and to hold the stock or other securities as an investment, and to employ agents and confer on them authority to manage and operate the business,property or corporation,without liability for the acts of such agent or for any loss, liability or indebtedness of such business if the management is selected or retained with reasonable care. (9) To register any stock, bond or other security in the name of a nominee, without the addition of words indicating that such security is held in a fiduciary capacity,but accurate records shall be maintained showing that such security is a Estate asset and the Executor shall be responsible for the acts of such nominee. (B) Whenever the Executor is directed to distribute any Estate assets in fee simple to a person who is then under twenty-one(2 1)years of age,the Executor shall be authorized to hold such property in Trust for such person until he/she becomes twenty-one (21) years of age, and in the meantime shall use such part of the income and the principal of the Estate as the Executor may deem necessary to provide for the proper support and education of such person. If such person should die before becoming twenty-one (21) years of age, the property then remaining in trust shall be distributed to the personal representative of such person's estate. (C) In making distributions from the Estate to or for the benefit of any minor or other person under a legal disability,the Executor need not require the appointment of a guardian,but shall be authorized to pay or deliver the same to the custodian of such person,to pay or deliver the same to such person without the intervention of a guardian,to pay or deliver the same to a legal guardian of such person if one has already been appointed, or to use the same for the benefit of such person. (D) In the disbursement of the Estate and any division into separate trusts or shares,the Executor shall be authorized to make the distribution and division in money or in kind, or both, regardless of the basis for income tax purposes of any property distributed or divided in kind, and the distribution and division made and the values established by the Executor shall be binding and conclusive on all persons taking hereunder. The Executor may in making such distribution or division allot undivided interests in the same property to several trusts or shares. (E) The Executor shall have discretion to determine whether items should be charged or credited to income or principal or allocated between income and principal as the Executor may deem P�6 LAST WILL AND TESTAMENT OF PATTI S.BEDNARIK PAGE 7 equitable and fair under all circumstances, including the power to amortize or fail to amortize any part or all of any premium or discount,to treat any part or all of the profit resulting from the maturity or sale of any asset, whether purchased at a premium or at a discount, as income or principal or apportion the same between income and principal,to apportion the sales price of any asset between income and principal, to treat any dividend or other distribution of any investment as income or principal, or apportion the same between income and principal, to charge any expense against income or principal or apportion the same, and to provide or fail to provide a reasonable reserve against depreciation or obsolescence on any assets subject to depreciation or obsolescence,all as the Executor may reasonably deem equitable and just under all the circumstances. (F) If at any time the total fair market value of the assets of any trust established or to be established hereunder is so small that the corporate Trustee's annual fee for administering the trust would be equal to or less than the minimum annual fee set forth in the Trustee's regularly published fee schedule then, in effect,the Trustee in its discretion shall be authorized to terminate such trust or to decide not to establish such trust,and in such event the property then held in or to be distributed to such trust shall be distributed to the persons who are then or would be entitled to the income of such trust. If the amount of income to be received by such persons is to be determined in the discretion of the Trustee, then the Trustee shall distribute the property among such of the persons to whom the Trustee is authorized to distribute income, and in such proportions, as the Trustee in its discretion shall determine. (G) Unless the context clearly states otherwise,when the authority and power under this Will is vested in two (2) or more Executors, the authority and powers are to be held jointly by the Executors. A majority of the Executors may exercise any authority or power granted under this Will or granted by law,and may act under this Will. Any attempt by one such Executor to act under this Will on other than ministerial acts shall be void. The action of one such Executor under this Will may be validated by a subsequent ratification of the act by a majority of the Executors. EIGHTH: Rights and Liabilities of Executor. No bond or other security shall be required of any Executor. This instrument always shall be construed in favor of the validity of any act or omission by any Executor,and any Executor shall not be liable for any act or omission except in the case of gross negligence, bad faith or fraud. Specifically, in assessing the propriety of any investment of the estate, the overall performance of the entire estate shall be taken into account. Each Executor shall be entitled to receive reasonable compensation for services actually rendered LAST WILL AND TESTAMENT OF PATTI S. BEDNARIK PAGE 8 to my estate, in an amount the Executor normally and customarily charges for performing similar services during the time which he/she performs the services. NINTH: Tax Elections. In determining the estate, inheritance and income tax liability relating to my Estate,the Executor's decision as to all available tax elections shall be conclusive on all concerned. If the Executor joins with my spouse in filing income tax returns, or consenting for gift tax purposes to having gifts made by either of us during my life considered as having been made one-half by each of us, any resulting liability shall be borne by my Estate and my spouse in such proportions as they may agree. In accordance with IRC Section 2632(a) and without regard to whether a Federal estate tax return is actually filed, my Executor shall allocate so much of the Federal Generation Skipping Transfer(GST)exemption amount as will fully exempt any generation skipping transfer which may occur under this Will. TENTH: Defmitions and General Provisions. (A) Survival. Any beneficiary, including my spouse, who dies within sixty (60) days after my death shall be considered not to have survived me. (B) Trust Estate. "Trust Estate" means all assets, however and wherever acquired, including income, which may belong to a Trust at any given time. (C) Children. Except for discretionary distributions which may be made unequally among a group of persons and distributions pursuant to a valid exercise of a Power of Appointment, in making a distribution to the children of any person,the property to be distributed shall be divided into as many shares as there are living children of the person and deceased children of the person who left children who are then-living. Each living child shall take one share and the share of each deceased child shall be divided among his then-living descendants in the same manner. A posthumous child shall be considered as living at the death of his parent. (D) Code. Unless otherwise stated, all references in my Will to section and chapter numbers are to those of the Internal Revenue Code of 1986, as amended, or the corresponding provisions of any subsequent federal tax laws applicable to my estate. (E) Other terms. The use of any gender includes the other genders,and the use of either '.N LAST WILL AND TESTAMENT OF PATTI S. BEDNARIK PAGE 9 the singular or the plural includes the other. (F) Captions. The captions set forth in this Will at the beginning of the various divisions hereof are for convenience of reference only and shall not be deemed to define or limit the provisions hereof or to affect in any way their construction and application. (G) Powers of Appointment are Exercised. By this Will I exercise any Power of Appointment which I may possess at my death. IN WITNESS WHEREOF,1,PATTI S.BEDNARIK,the Testatrix,have to this my Last Will and Testament, typewritten on ten (10)pages, including the Acknowledgment and Affidavit, set my hand and seal this 30" day of April, 2013. PATTI S.BEDNARIK Signed, sealed,published and declared by the above-named Testatrix, as and for her Last Will and Testament, in the presence of us, who have hereunto subscribed our names at her request, as witnesses hereto,in the presence of the said Testatrix,and in the presence of each other. Each of us further declares that he or she believes the Testatrix to be of sound mind and memory. The preceding instrument consists of this and nine(9) other consecutively numbered typewritten pages including the Acknowledgment and Affidavit. residing at (print name) Q residing at CL �J ocK€_f (print name) ACKNOWLEDGMENT AND AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND The Testatrix and the witnesses whose names are signed and subscribed to the attached or foregoing instrument,being first duly sworn and qualified according to law,do hereby acknowledge, depose and say to the undersigned authority, that the Testatrix signed and executed the instrument as her Last Will in the presence of the witnesses; that she signed it willingly or willingly directed another to sign it for her; that she executed it as her free and voluntary act for the purposes therein expressed; that each of the witnesses were present and saw the Testatrix sign and execute the instrument as her Last Will; that each subscribing witness in the hearing and sight of the Testatrix signed the will as witnesses; and that to the best of their knowledge the Testatrix was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. Testatrix Z� Am!�-7 Witness Witness Sworn to or affirmed, subscribed to, and acknowle ed, befo e me by the above-named Testatrix and witnesses, this 30`h day,of April, 2013. COMMONWEALTH OF PENNSYLVANIA ota Public Notarial Seal Commission Expires: Teri L.Walker,Notary Public Lemoyne Boro,Cumberland County My commission Expires]an.20,2015 MEMBER,PENNSYLVANFA ASSOCIATION OF NOTARIESPe .P a , �Y.