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HomeMy WebLinkAbout03-14-14 PETITION FOR GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Petitioners named below,who is 18 years of age or older, applies for Letters as specified below, and in support thereof avers the following and respectfully requests the grant of Letters in the appropriate form: Decedent's Information Name: Patricia J.Hench File No.- �-' - CLA/a- PL,ct b, H e u c k w �` 21-1 Date of Death: September 11, 2011 Social Security No.: Age at death: 76 Decedent was domiciled at death in Cumberland County,Pennsylvania with her last principal residence at 47 Garland Drive, Carlisle,Cumberland County,Pennsylvania 17013. Decedent died at 47 Garland Drive, Carlisle,Cumberland County, Pennsylvania 17013. Estimate of value of decedent's property at death: If domiciled in Pennsylvania. ....... .... .. ...All personal property $8.000.00 If not domiciled in Pennsylvania. . . ........ .. .Personal property in Pennsylvania $ If not domiciled in Pennsylvania. . . ...........Personal Property in County $ Value of real estate in Pennsylvania ... .......... .... ...... ... ..... ...... ..... $ TOTAL ESTIMATED VALUE ..... $8,000.00 Real estate in Pennsylvania situated at: (Attach additional sheets,if necessary) Street address,Post Office and Zip Code City,Township or Borough County Petition for Probate and Grant of Letters Testamentary Petitioner avers he is the Executors named in the last Will of the Decedent,dated February 15, 1989. 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. X NO EXCEPTIONS _EXCEPTIONS rv� -7:?i M r- 7 y i r0tr� �}� C C: n C) =r m CTS Form RW-02 rev. 10/11/2011 Page 1 of 2 Official Use Only Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND Petitioners Printed Name Petitioners Printed Address William M.Hench 47 Garland Drive Carlisle,PA 17013 The Petitioner(s)above-named swear(s)or affirm(s)the statements in the 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 Decedent,the Petitioner(s)will well and truly administer the estate according to law. Sworn to or affirmed and subscribed before Date: March 14,2014 me,this 14a'day f 1\ arch,2014 ilham M.Hench By: For the eg ster Bond Required: _Yes X No To the Register of Wills: FEES: Please enter my appearance by my signature below: Letters ...... ............ ..... ..... $ L 45 Attorney Signature: ( 1 )Short Certificate(s).. .... .. ..... . ( )Renunciation(s)....... .. .. ..... . ( )Codicil(s).. .. ............ .... .. ( )Affidavit(s). .. ..... .... ... .. .. . Printed Name: Wayne F.Shade Bond .. ................ .. ..... .... Commiss;o . .... .... ........ . ..... Supreme Court ID Number: 15712 C 70 Other)NI�� �� rn ..... .. .... ...... Address: 53 West Pomfret ►g rT r;- 1010. iny . ... ..•.• Carlisle,PA 1701 r . ....... f )!D ... ...... ...... Phone: 717-243-0220 n<�D C . .. ........ ...... Ca r Automation Fee.. .. .. ...... ...... ... S Fax: 717-249-0017 JCS Fee ... ...... ............ ...... TOTAL ....... ........ ....... .. ... $ Email: waynefshade @comcast.net DECREE OF THE REGISTER I t Estate of Patricia J. Hench File No.: 21-a 413 AND NOW, 11 I a U i I T � , in consideration of the foregoing Petition, satisfactory proof having been presented before me,IT IS DECREED that Letters Testamentary are hereby granted to William M.Hench in the above estate and(if applicable)that the instrument dated February 15, 1989, described in the Petition be admitted to probate and filed of record as the las Will of Decedent. gi er of il Form RW-02 rev. 10/11/2011 Page 2 of 2 LAST WILL AND TESTAMENT I, PATRICIA J. HENCH, of the Borough of Carlisle, County of u� Cn Cupberland, Commonwealth of Pennsylvania, being of sound and ` �d osin g mind memor y and understandin g, do make, and RdZi�lare this as and for my Last Will and Testament, hereby U LAJ Cr YY =; eking and making void all former wills and codicils by me at C"i arf? time heretofore made. FIRST. I order and direct that all my just debts and funeral expenses be paid by my personal representative or representatives, hereinafter named, as soon as conveniently may be done after my decease. SECOND. All the rest, residue and remainder of my Estate, real, personal and mixed, whatsoever and wheresoever situate, I give, devise and bequeath unto my husband, WILLIAM M. HENCH, absolutely and in fee simple, if he survives me. THIRD. For the purposes of this my Last Will and Testament, a person shall not be deemed to have survived me unless he or she shall have survived me by more than ninety ( 90) days. FOURTH. If my husband, WILLIAM M. HENCH, should fail to survive me, then and in that event, I give, devise and bequeath all of the said residue of my Estate unto my sons, WILLIAM M. HENCH, JR. , BRADFORD L. HENCH, GREGORY L. HENCH, SCOTT S. HENCH and ERIC N. HENCH, absolutely and in fee simple, in equal shares. If any of my said sons should fail to survive me, then • and in that event, I give, devise and bequeath, absolutely and in fee simple, unto his surviving spouse if she should survive me WAYNE F. SHADE Attorney at Law south Hanover Street sle,Pennsylvania 17013 and not have remarried prior to my date of death. If any of my said sons should fail to survive me and fail to leave an eligible spouse to survive me, then and in that event, I give, devise and bequeath his share of the residue of my Estate, absolutely and in fee simple, unto his issue, if any, in equal shares, per stirpes. If any of my said sons should fail to survive me and. fail to leave an eligible spouse and issue to survive me, then and in that event, I give, devise and bequeath his share, absolutely and in fee simple, unto such of my sons who shall survive me, absolutely and in fee simple, in equal shares. FIFTH. I nominate, constitute and appoint FARMERS TRUST COMPANY, of Carlisle, Pennsylvania, its successors or assigns, to serve without bond as the Trustee of any property which shall pass, either under this my Last Will and Testament or otherwise to a minor or to a person who is then subject to any other legal disability whatsoever and with respect to whom I am authorized to appoint a Trustee and have not otherwise specifically done so; provided that this appointment of Trustee shall not supersede the right of any fiduciary in its discretion to distribute such share to the said minor or persons subject to other legal disability or to another for the benefit of the said minor or person subject to other legal disability. The said Trustee is hereby vested with he power to sell, assign, transfer, pledge, mortgage, lease, manage, control, retain, invest and reinvest the corpus of said cu�lTrust in such securities and other property as shall be deemed prudent without being restricted to investments known as legal WAYNE F. SHADE -2- Attorney at Law South Hanover Street isle,Pennsylvania 17013 investments for fiduciaries under the laws of the Commonwealth of Pennsylvania. The Trustee shall have the power to manipulate the proceeds of the Trust in any manner that will guarantee maximum conservation of the Trust funds and the greatest production of income for the beneficiaries. I hereby authorize the said Trustee to expend any monies from principal or interest for the beneficiaries that in the sole discretion of the Trustee is deemed necessary for their care, health, education, maintenance and general welfare; the word "education" shall be construed to mean a pre-college course, high school education, college education and post-graduate education. I herewith specifically authorize any person nominated in this my Last Will and Testament and serving as Guardian of the person of any of the beneficiaries of this trust until he or she should reach the age of eighteen (18) years to utilize such funds from this Trust as are reasonably necessary to offset any economic burdens occasioned to the Guardian by virtue of acting in such capacity. By way of illustration and not of limitation, I expressly authorize expenditure of funds from this Trust to expand, enlarge, or remodel the existing home of the Guardian or to purchase a larger home, if reasonably required, in order to permit all of the beneficiaries of this trust while they are under the age of eighteen ( 18) years to reside with such Guardian in comfort. The reasonableness of the need to enlarge the Guardian' s present home or to purchase a larger one, as the case may be, shall depend in part on the number and ages of children for whom the Guardian of WAYNE F. SHADE — — Attorney at Law South Hanover Street isle,Pennsylvania 17013 the person is required to care (including his or her own children) and the amount of the principal of this Trust. Funds from this Trust may also be utilized to pay any increases in living expenses occasioned by such Guardianship, including but not limited to increases in homeowners ' fire and casualty insurance, property taxes incurred by remodeling or expansion of said Guardian' s home or the purchase of a new home, utility bills and food bills. It is my intention that the foregoing powers may be exercised by the said Trustee without prior Court approval and without further responsibility to the beneficiaries, their parents or to any other person or persons taking care of the minor beneficiaries. The age of majority for all purposes concerning this my Last Will and Testament shall be deemed to be the age of twenty-one ( 21) years. If a beneficiary of this Trust should fail to survive to ultimate distribution of the Trust , herein, then and in that event, I order and direct that the remainder of this Trust be distributed as part of my residuary estate. SIXTH. Should my husband, WILLIAM M. HENCH, fail to survive me, or at or after my death, be or become subject to any legal disability whatsoever, then and in that event, I nominate, constitute and appoint my son, SCOTT S. HENCH, as the Guardian of Athe persons of such of my children as defined herein, who being minors or subject to any other legal disability whatsoever at the time of my decease, shall survive me. If the said SCOTT S. HENCH should fail to qualify as such Guardian or decline or cease so to WAYNE F. SHADE —^— Attorney at Law 5 South Hanover Street Aisle,Pennsylvania 17013 serve, then and in that event, I nominate, constitute and appoint my son, GREGORY L. HENCH, as such Guardian. SEVENTH. In the event that I should, by reason of physical or mental disability, become unable to take part in decisions for my own future by virtue of what is commonly known as "brain death" , I order and direct that, where there is no reasonable expectation of my recovery from physical disability, I be permitted to die and that I not be kept alive by artificial means. It is my express desire that I not be permitted to suffer the indignities of deterioration, dependence and hopeless pain and that, therefore, medication be mercifully administered to me only to alleviate my suffering, even though this may hasten the moment of death. EIGHTH. My personal representative or representatives hereinafter named shall, in addition to the powers vested in them by law and by other provisions of this my Last Will and Testament have, without the necessity of prior Court approval, the power to carry on alone or jointly with others any business in which I may have an interest at my death for whatever period of time they may i think proper, without personal liability for any operating losses. In the operation of said business, they shall have the power to do any and all things they deem necessary or ppropriate, including the power to merge or incorporate the business, the power to borrow and to pledge assets contained in my estate as security for such borrowing, and the power to close out, liquidate, or sell the business at such time and upon such WAYNE F. Attorney. Law terms as to them shall seem best. South Hanover Street lisle,Pennsylvania 17013 -5- LASTLY. I nominate, constitute and appoint my husband, WILLIAM M. HENCH, to be the Executor of this my Last Will and Testament, but if, for any reason, he should fail to qualify as such Executor or cease so to serve, then and in that event, I nominate, constitute and appoint my sons, WILLIAM M. HENCH, JR. , BRADFORD L. HENCH, GREGORY L. HENCH, SCOTT S. HENCH and ERIC N. HENCH, as successive alternate personal representatives hereof, each to serve without bond. IN WITNESS WHEREOF, I, PATRICIA J. HENCH, have hereunto set my hand and seal to this, my Last Will and Testament which consists of seven ( 7) typewritten pages to each of which I have affixed my signature this 15th day of February A.D. One Thousand Nine Hundred Eighty-Nine (1989) . �w\ (SEAL) Patricia J. Hench The preceding instrument, consisting of this and six (6) other typewritten pages, each identified by the signature of the Testatrix, was on the date thereof signed, sealed, published and declared by PATRICIA J. HENCH, the Testatrix, therein named, as her Last Will and Testament, in the presence of us, who, at her request, in her presence, and in the presence of each other, have subscribed our names as witnesses hereto. 0 G WAYNE F.SHADE , Attorney at Law South Hanover Street isle,Pennsylvania 17013 —6— Acknowledgment COMMONWEALTH OF PENNSYLVANIA) SS. COUNTY OF CUMBERLAND ) I, PATRICIA J. HENCH, the person whose name is signed to the foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will and Testament and that I signed it willingly and as my free and voluntary act for the purposes therein expressed. Sworn to or affirmed and acknowledged before me by PATRICIA J. HENCH, this 15th day of February 1989. Patricia J. 0 nch Notary Pu is Nol;3-1 'M �1 Connie J.Trltt,No Wry Pubb Affidavit Carlisle,Cumberland County My Commission Expires Oct.5,1992 COMMONWEALTH OF PENNSYLVANIA) SS. COUNTY OF CUMBERLAND ) We, Wayne F. Shade and Joan L. Ewing the witnesses whose names are signed hereto, being duly qualified according to law, do depose and say that we were present and saw the Testatrix sign and execute the instrument as her Last Will and Testament; that the Testatrix signed willingly and executed it as her free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing and sight of the Testatrix signed the Will as a witness; and, that to the best of our knowledge, the Testatrix was at that time eighteen or more years of age, of sound mind and under no constraint or undue influence. Sworn to or .affirmed and subscribed to before me by Wayne F. Shade and Joan L. Ewing witnesses, this 15th day of F'eFruary 1989 . Notarial Seat Connie J.Trltt,Notary�Pubric WAYNE F. SHADE C.aflisla,G�l;r!berlar?d.COUnty _ Attorney at Law My Carlimissio;,expires Oct.5,1992 South Hanover Street Notary Public lisle,Pennsylvania 17013 J -^ -7- REGISTER OF WILLS CERTIFICATE OF CUMBERLAND COUNTY GRANT OF LETTERS PENNSYLVANIA No. 2012- 00473 PA No. 21- 12- 0473 Estate Of: PA TRICIA J HENCH (First,Middle,Last) a/k/a: PA T D HENCH Late Of: CARLISLE BOROUGH CUMBERLAND COUNTY Deceased Social Security No: WHEREAS, on the 14th day of March 2014 an instrument dated February 15th 1989 was admitted to probate as the last will of PA TRICIA J HENCH (First,Middle,Last) a/k/a PAT D HENCH late of CARLISLE BOROUGH, CUMBERLAND County, who died on the 11th -day of September 2011 an WHEREAS, a true copy of the will as probated is annexed hereto. THEREFORE, I, LISA M. GRAYSON, ESQ. Register of Wills in .and for CUMBERLAND County, in the Commonwealth of Pennsylvania, hereby certify that I have this day granted Letters. TESTAMENTARY to: WILLIAM M HENCH who has duly qualified as EXECUTOR(RIX) and has agreed to administer the estate according to law, all of which fully appears of record in my office at CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PENNSYL VA NIA. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office on the 14th day of March 2014. Reg ster of Wills 1�1 O WL b/h�'nfu epu y **NOTE** ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST)