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Home My WebLink About01-15-14 �'�'`''�•��`` ��',€�� . i��°� a �._ �jj�ii �r � 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 , �,, , O . / Name: Rebecca E.Benner File No: `� a/k/a; (Assigned by Register) a/k/a: a/k/a; Social Security No: Date of Death: Januarv 7,2014 Age at death: 71 Decedent was domiciled at death in Cumberland County, Pennsylvania (srate)with his/her last principal residence at 1900 Lincoln Street Camp Hill 17011 Camp Hill Cumberland Street address,Post Oftice and Zip Code City,Township or Borough County Decedent died ak 98 E High Street Red Lion 17356 Red Lion York PA _ 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 $ 25,000.00 If not domiciled in Pennsylvania. ....................... Personal property in Pennsylvania $ If not domiciled in Pennsylvania. ....................... Personal property in County $ Value of real estate in Pennsylvania......................................................... $ 100,000_�0 TOTAL ESTIMATED VALUE. ... $ 125,,000.00 Real estate in Pennsylvania situated at: 1900 Lincoln Street,Camp Hill 17011 Camp Hill Cumbertand (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 September 12,2011 and Codicil(s) thereto dated none State relevant circumstances(�g.renunciution,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 born or adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. �NO EXCEPTIONS �EXCEPTIONS � B. Petition for Grant of Letters of Administration (If applicable) c.t.a.,d.b.n.,d.b.n.c.t.a.,pendente lite,durante absentia,durante minoritate If Administration,c.t.a.or d.b.n.c.�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 neitherthe victim of a killing nor ever adjudicated an incapacitated person. �NO EXCEPTIONS �EXCEPTIONS Peritioner(s),after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse(if any)and heirs(attach addi#onul sheets,if necessary): Name Relationshi Address ��.—�.-- :�f � � � � � � � � � � � � � � f�"". � t'Tt CJ`1 «� � � � �, � � � ;,� ..�"# � � � � � � � � � � � Form RW-02 rev.10/I1/2011 r "'""� �� 1 Of 2 � � C7�►. � ,�.•,,, . c::..� � ..',"�`'� �# 1"t1 � � � �0 ial Use O Oath of Personal Representative � � � � � .�" � � � � � COMMONWEALTH OF PENNSYLVANIA } �� ' � } S S: �' � '� � ''�'�,r! '"�'! COUNTY OF �BERI-AND } ; ,'��, � � "�'�1 � . � Petitioner(s)Printed Name Petitioner(s)Printed Addr �# �"" Eric P:Benner 43 E.Main Street Hummelstown PA 17036 � � � The Petitioner(s)above-named swear(s)or affirm(s)the statements in the foregoing Perition are true and conect to the best of the knowledge and belief of Petitioner(s)and that,as Personal Representative(s)of the Decedent,the Petitioner(s)will well and truly administer the estate according to law. Sworn to r ed a scribed before �,�i:�;�L�--- Date � ��' � me this a�o L�/�l� r , 4/ Date � $y; Date e Register ' Date BOND Required: � YES � NO To the Register of Wills: FEES' Please enter my appearance by my signature below: Lett r • . . . . ... ..... .. .. ... .. $ � �`�� Attorne Si ture: . y ( )Short Certificate(s).. . . .. ` . ( )Renunciation(s)... . . ... . ;-�.r'° �:, ( )Codicil(s). . ....... .. . . ( )Affidavit(s)... .. . . . .. . . Bond.. . .. . .. .. .. . . . . .. . . .. . . Printed Name: Richard L.P Commission. . .. .. . . .. .. .. . ... Supreme Court Other . . . .. . . ID Number: '7232 / .. . . . . . ' .. . . . . . Firm Name: Placey&Wright .. . .. . . Address: ��1 Nnrth Front�treet . . ... . . Harrichirrg,PA 1 71 1 0-1 33 . . . . . .. o Phone: (717)236-9577 Automation Fee. . . .. .. . . . . ... . n Fax: �7171236-0843 JCS Fee. .. .... . . ... . . .. ... .. v Email: »v�q,�ix net TOTAL. . . . . .. .. .. .. .. . . .. . . $ . � DECREE OF THE REGISTER Estate of Rebecca E.Benner File No: /C•/' �`'y' ��7 � a/k/a: AND NOW, , � � ,in consideration of the foregoing Petition, satisfactory proof ing been presen d efore me,IT IS DECREED that Letters Testamentarv are h reby granted to Eric P.Benner in the above estate and(if applicable)that the instrument(s)dated September 12,2011 described in the Petition be admitted to probate and filed of rec d as the last Will{and 'cil(s))of Decedent. ��' / �_ e ' ter of Wills Form RW-02 rev.10/I1/2011 Of 2 H105.805 REV(9/11) ,�� .f 4 � . .. . . � . � . . , . � . .. . . . � . . . . . . � .. �� . � .. . . . � . � � . . . . . . . . . . � � �.� � � � . . . . . . . . .� � �y' . . � . � � � � . � . � . . . . � �� .� � � � � � . � . . � . ..� � . . � � � � � � � � LAST WILL AND TESTAMENT � � � �' � `�' � � � � �;-, � � � -n .OF �' � `� '�`� � � t, � .�.... ca . . � � r� ,�t � "'"'� �..�.. REBECCA E.BENNER �,► � �' .� � 9: I,'REBECCA E. BENNER,now of Camp Hill, Cumberland County, � Pennsylvania,do hereb�declare this to be my Last Will and Testament and hereby revoke all :prior Wills and Codicils made by me. ITEM I. I direct that all of my just debts and funeral expenses, including the cost of my gravemarker, if any, shall be paid from my residuary estate as soon as practical after my decease as a part of the administrative expenses of my estate. , TTEM II. I gi�e and devise all of my estate of every nature and wherever situate . in equal shares to my sons, ERIC P. BENNER and STEPHEN J. BENNER, or their issue,per stirpes. Should either of my sons predecease me and die without issue, such son's share shall be paid to my surviving son, or his respective issue,per stirpes,as the case may be. ITEM III. If any income or principal shall be payable to any person who shall be under the age of twenty-five {25) or who shall be incapacitated for any reason,my personal . representative,as trustee, shall such income and principal for such beneficiary until the age of twenty-five (25) or during incapacity(whichever event occurs first) and shall be entitled to apply such income and principal to the health,maintenance, support and education of such ` p.erson after considering other resources available to such person for those needs without the appointment of any guardian or committee or any authority of court, and sha11 be entitled to make direct application hereunder or to make application by payment thereof to the parent-or other person in charge of such person,or to his ar her guardian or to a custodian under the Uniform Transfers to Minors Act. Any remaining income and principal to which such person sha.11 be entitled shall be paid and distributed to such person upon attaining the age of twenty-five (25) or upon the termination of incapacity. E Rebecca E. Benner � � , , � , � . ITEM IV. I appoint my son, ERIC P. BENNER, Executor of this my Last Will and Testa.ment. Should he fail to qualify or cease to act in such ca.pacity, I then appoint my son, STEPHEN J. BENNER, Contingent Executor of this my Last Will and Testament. No bond shall be required by my personal representative in any jurisdiction. ITEM V. In addition to the powers given by law to my personal representative(s) and trustee(s) [hereinafter fidueiaries] in the administration of my es�ate and of any t�ust(s) created herein, they shall have the following discretionary powers applicabl:e to all real and personal property held by them, incl�ding property held for minors,effective without court order until actual distribution. A. To reta.in any property owned by me at my death and to invest any funds held by them in any stocks, bonds, notes or other securities or property, real or personal, including common .tr.��st funds, mutual funds and money market deposit accounts operated or offered by my corporate trustee, if any,or any affiliate of it. B. To sell or otherwise dispose of any property, real or personal, at any time forrning a part of my estate or the trust estate, for cash or upon credit, in such manner and on such terms as they see fit, and no one dea:ling with the �duciaries sha11 be bound to see to the application of any monies paid. C. To �anage, operate, repair, improve, mortgage or lease for any term jeven if beyond the duration of the trust(s)] any real estate at any time held or owned by them as fiduciaries. _ D. To hold investments in the name of a nominee and exercise and dispose of warrants. : E. To engage in litigation and compromise, arbitrate or abandon claims and propertY. �c L Rebecca E.Benner 2 ? � . � , F � � F. To conduct any business in which I am engaged or in which I have an interest at the time of my death for such period as the fiduciaries deem advisable, with the power to borrow money and to pledge the assets of the business and to do all other acts which I, in my lifetime, could have done, or to delegate such powers to a partner,manager or employee without liability for any loss occurring therein. G. To allocate items of receipt or disbursement between principal and income as the fiduciaries deem equitable regardless of the character given such items by 1aw; to distribute in cash or kind or partly in each at valuations fixed by the fiduciaries � H, To borrow money, including the right to borrow from any corporate trustee, if any, and to mortgage ar pledge as security or to hold its own stock if a corporate trustee. I. To join in any merger, reorganization, voting trust plan or other concerted action of security holders, and to delegate discretionary duties with respect thereto. J. Should the principal of any trust herein provided for be or become too small in trustee's opinion so as to rnake establishment or continuance of the trust inadvisable, my trustee(s)may make immediate distribution of the then remaining principal and-any accumulated or undistributed income outright to the person or persons and in the proportion they are then entitled to income. Upan such termination, the rights of all beneficiary(ies)who might otherwise have an interest as succeeding income beneficiary(ies) or in remainder shal� cease. K. In general,to exercise all powers in the management of the assets of my estate or the trust estate which any individual could exexcise in the management of similar property owned in his own right,upon such terms and conditions as the fiduciarie�may deem best, and to execute and deliver ail instruments and to do:all acts which the fiduciaries may deem necessary or proper to carry out the purposes of this will or any trust{s) created herein. L. To apply income or principal to which any beneficiary is entitled, directly for his or her comfort, maintenance and support, should the fiduciaries deem such beneficiary incapable of receiving the same by reason of age, illness, infirmity or incapacity, or to pay the same to such person or persons as the fiduciaries select to disburse:it, whose receipt shall be a complete acquittance therefore without the intervention of any guardian. � Rebecca E.Benner 3 � . .ii � . . . . . . . .� . � . .. . _ . . . � . . . . . . . . . � � . . . � � . � . . . . � . �� .� . . � q� �� . . . . . � . � . . . . . . M, To assume continuance of the status of any beneficiary with reference to d�ath, marriage, divorce, illness, incapacity or other change in the absence of information deemed reliable without liability for disbursements made on such assumptions. N. All principal and income shall, until actual distribution to any beneficiary, be free of the debts, contracts, alienations and anticipations of any beneficiary, and the same may not be liable for any levy, attac�unent, Execution or sequestration while in the hands of any fiduciaries. Provided, however, any bene�iciary may assign any part or all of the beneficiary's interest in my estate or the trust(s)to any one or more of the beneficiaries �r my t�escendants. f IN TNESS WHEREOF I have hereunto set m hand and seal this�� da. � . Y Y of _ _: �2U1�. . � � � ... . . . . . . . . . . . . . . . ..��4.IIII�� . . � . . . � . . . . . � . � . . Rebecca E. Benner The preceding instrument, consisting of this and three other pages, identified by the signature of fhe testatnx,was on the da.y and date thereof signed,published and declared by Rebecca E: Benner,the testatrix therein named,as and for her last Will,in the presence of us,who, at her request,in her presence,_and in the presence of each other, subscn�bed our names as witnesses hereto. �f� / r ` �, � � �� ✓ �Ot"� � d l �f�- �� ! � °�d L��VC��.I�l S . �`��h�'' 4 f . ► . . � . , � •{ ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA : . SS. COUNTY OF DAUPHIN • � � . . �. . � � . . . . . . .. . � .:7.. T,REBECCA E. BENNER,testa.trix whose name is signed to the atta.ched or foregoing instrument,having been duly qualified aceording to 1aw, do hereby acknowledge that I signed and executed the instrument as my last Will,that I signed it willingly, and that 1 signed it as my free and voluntary act for the purposes therein expre�sed. � Rebecca E. Benner _ ,� Sworn r irm d to and acknowledged before me,by Rebecca E.Benner,t��a.t�ix, �his�day of � ,2011. ; * , r� ",� _ �, - _ � . � . � _ -. N ry Publi . 1 � : My C0111ri11SS� TH OF PENNSYLVANIA . W�rial Seal Holly S,Kirk,Motary Public AFFIDA�IT susquehanna Twp„pauphin courtty , My Commiaaion Expir+ea Aug.14,2012 � Member,Ponnsyivani�"Aslweia�n of Notat�es COMMONWEALTH OF PENNSYLVANIA : : SS. COUNTY OF DAUPHIN � ` rc r �. l ncI J. i�nne.r we, �(� � Ct 4' I't.t , the witnesses whose narnes are signed to the attached r foregoing instrument,being duly qualified according�to 1aw,do depose and say that we were present and saw testatrix sign and execute the instrument as her last Will;that she signed willingly and that she executed it as her free and voluntary.act for the purposes therein expressed;that Each of us in the hearing and sight of zhe testatrix signed the Will:as witnesses;and that to the best of our knowl e the testatrix was at that time 18 or more years of age, of sound min.d and under no canst�a' or due infl enc � � ; � ; . .� Sworn to and subscribed before me this �da o h1�� , 2a��. � � -' -1-�— y � _ ,, _ . :\� t , � No • ��w TM oF P�w r,��s� ', _M Commission E ire�s• �s.Kirk,Notary.P�;co��t�► Y p u'squ�anna Twp.,Dauph My Com��ission ExPires Au9:14,20t2 Membar�Pannsylvania Assoaiati�on of Not�tios