HomeMy WebLinkAbout03-27-15 IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
IN RE: )
ESTATE OF VERDA E. BORDNER ) ORPHAN'S COURT
PETITION
TO THE REGISTER OF WILLS OF CUMBERLAND COUNTY:
The Petition of Scott Shelley states that:
1. Petitioner is the son of Verda E. Bordner ("Decedent") who died a resident
of Cumberland County on January 26, 2015.
2. Decedent was a widower whose intestate heirs are petitioner, his
sister/daughter of decedent Donna L. Bahoric,
sister/daughter of decedent Janet S. D'Angelo
nephew/grandson of decedent Mark Joseph Dusick
Testate heirs are grandchildren and great-grandchildren of decedent:
Michael Charles D'Angelo (grandson)
Sophia Marie D'Angelo (great-granddaughter)
Alec Michael D'Angelo (great-grandson)
Anthony Joseph D'Angelo (grandson)
Anthony Salvador D'Angelo (great-grandson)
Matt Bahoric (grandson)
Elizabeth Bahoric (great-granddaughter) f rn
Andrea Bahoric (granddaughter)
Mark Joseph Dusick (grandson) ;? c o
Bryony Rose Dusick (great-granddaughter) >'' , Y�
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Megan Shelley Dapp (granddaughter) ' ::�3 �,
Chase Michael Dapp (great-grandson)
Brinley Christine Dapp (great-granddaughter) :-;, CD
Douglas Scott Shelley (grandson)
3. On November 28, 2000, Decedent executed a will, a copy of which is
attached as Exhibit A, were in it named petitioner as her Personal Representative and
not a beneficiary of her estate.
4. Decedent's Will referenced her revocable Living Trust as the distribution
under the Will.
5. A copy of the Revocable Trust, which is attached as Exhibit B, executed
on October 2, 2007 named her grandchildren and great-grandchildren as beneficiaries.
6. The Will was prepared by the offices of James, Smith, Dietterick and
Connelly, which was witnessed by two individuals and a notary public.
7. Following execution of the Will, the Decedent moved into an assisted care
facility in 2009.
8. A search of her residence and belongings was conducted by petition and
the family following her death, but the original Will and Trust documents could not be
located.
9. Petitioner engaged the services of Michael S. Travis, attorney at law, who
posted a request on the Dauphin County listserv. Wherein, Attorney Denise Long from
JSDC provided copies of the Will and Trust documents.
10. Disposition under the Will disposes her estate to the grandchildren and
great-grandchildren, in equal shares, rather than the three living brothers and sisters
and the decedent's grandson Mark Dusic.
11. Petitioner avers that the original Will (and Trust documents,referencing in
the Will) cannot be located.
WHEREFORE, petitioner respectfully requests that a citation issue directed to
Scott Joseph Shelley to show cause why a photocopy of the will dated November 28,
2000 of Verda E: Bordner should not be admitted to ate as if it were the original.
,FMichael S. Travis
3904 Trindle Road
Camp Hill, PA 17011
717-731-9502
mst@mtravislaw.com
Attorney at Law
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
IN RE: )
ESTATE OF VERDA E. BORDNER ) ORPHAN'S COURT
VERIFICATION
The statements made in this Petition are true and correct to the best of my
knowledge, information and belief. I understand that false statements made herein are
subject to the penalties of 18 Pa.C.S. Sect. 4904 relating to unsworn falsification to
authorities.
Scott J. Shelle , Petitioner 3/26/15
Last,Will
Of
VERDA E. BORDNE I
I,VERDA E.BORDNER,the Testatrix, a resident of Cumberland County,Pennsylvania,declare that
this is my Last Will. I hereby revoke all my previous wills and codicils.
Article One
Introductory Provisions
Section 1. Marital Status
I am not currently married.
x
Section 2. -Children
All references to "my children", subject to the exclusion of any child under subsequent
provisions of this Section 2, are to all of the children so identified in this Section 2, but only to
those children and any children born to or adopted by me subsequent to the execution of this,my
Last Will.
a. The nannes and birth dates of my children are;
Name .��rth Date
JANET D'ANGELO May 11, 1946
DONNA BAHORIC May 25, 1947
HELEN DUSICK June 14, 1950
SCOTT SHSLLEY December 27, 1957
Article Two
Appointment of My Personal Representatives
Section 1. Nomination of My Personal Representatives
I appoint the following to be my Personal Representative(s)in the order of priority in which their
names appear:
SCOTT SHELLEY;THEN
JANET D'ANGELO;THEN
DONNA BAHORIC;THEN
HELEN DUSICK
If, for any reason, the Personal Representative(s) named above are unable or unwilling to serve,
the next successor Personal Representative(s) shall serve in the order of priority listed until the
list has been exhausted.. Unless otherwise specified, if Co-Personal Representatives are serving,
the next named successor Personal Representative shall serve only after all of the Co-Personal
Representatives cease to act as Personal Representatives.
Section 2. Waiver of Bond
No bond or undertaking shall be required of any Personal Representative nominated in this Last
Will.
Section 3. General Powers
My Personal Representative shalt have fall authority to administer my estateunder the laws of the Co onw--Ith of
Pennsylvania relating to the powers of fiduciaries. My Personal Representative shall have the power to administer my
estate under the Pennsylvania Probate,Estates and.Fiduciaries Code.
Article Three
Disposition of My Property
Section 1. Estate Planning]Letter or Memorandum
To the extent permitted by state law and not necessary to fiilly utilize my Unused Applicable
Credit Equivalent, my Personal Representative shall distribute such of my personal or household
items to such persons as I may direct by a written instrument signed by me and delivered to my
Personal Representative.
Section 2. Distribution to My revocable Living Trust
I give all the rest, residue and remainder of my property of whatever nature and kind and
wherever located to the then acting Trustee(s) of my revocable living trust of which I am a
Trustor known as the:
VERDA E.BORDNER LIVING TRUST,
dated August 10,2000, and any amendments thereto.
I executed said revocable living trust prior to the execution of this Last Will.
Section 3. Alternate Disposition
If my revocable living trust is not in effect for any reason, I give all of my property to my
Personal Representative under this will as Trustee who shall hold, administer and distribute my
property as a testamentary trust the provisions of which are identical to those of my revocable
living trust on the date of execution of this Last Will,or as thereafter amended.
Article Four
Death Taxes
Section t.. Definition of Death Taxes
The term "death taxes," as used in this will, shall mean all inheritance, estate, succession, and
other similar taxes that are payable by any person on account of that person's interest in the estate
of the decedent or by reason of the decedent's death, including penalties and interest, but
excluding the following:
a. Any additional to the federal estate tax for any "excess retirement accumulation"
under Internal Revenue Code Section 4980A.
b. Any additional tax that may be assessed under Internal Revenue Code Section
2032A or 2057; and
C. Any federal or state tax imposed on a Generation Skipping Transfer, as that term
is defined in the federal tax laws, unless the applicable tax statutes provide that
the`Generation Skipping Transfer Tax is payable directly out of the assets of my
gross estate.
Section 2. Payment of Death Taxes
Pursuant to the terms of my revocable living trust, all death taxes whether or not attributable to
property inventoried in my probate estate shall be paid by the Trustee from my Trust. However,
if my Trust does not exist at the time of my death or if the assets of my Trust are insufficient to
pay the death taxes in full,I direct my Personal Representative to pay any death taxes that cannot
be paid by my Trustee from the assets of my probate estate by equitably. prorating and
apportioning those taxes among the beneficiaries of this will.
Unless specifically,provided otherwise in my Trust, all death taxes incurred by reason of assets
being transferred outside.of my Trust or probate estate shall be assessed against those persons
receiving such property.
Section 3. Waiver of Fight of Reimbursement Under Code Sectien 2207A
I hereby waive my estate's right of reimbursement under Code Section 2207A.
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Article Five
General Provisions
Section 1. No Contest Clause
If any person or entity singularly or in conjunction with any other person or entity, directly or
indirectly, contests in any court the validity of this Last Will including any codicils thereto, then
the right of that person or entity to take any interest in my estate shall cease and the demise of
that person(and his or her descendants)or entity shall be deemed to have occurred prior to mine.
Section 2. Captions
The captions of Articles, Sections and Paragraphs used in this Last Will are for convenience of
reference only and shall have no significance.in the construction or interpretation of this Last
Will.
Section 3. SeverablUty
Should any of the provisions of this Last Will be for any reason declared invalid, such invalidity
shall not affect any of the other provisions of this will and all invalid provisions shall be wholly
disregarded in interpreting this Last Will.
Section 4. Governing Law
This Last Will shall be construed,regulated and governed by and in accordance with the laws of
the Commonwealth of Pennsylvania.
I signed this,my Last Win,on NOV 2 8 2000
VERDA E.BORDNER
A'T'TESTATION CLAUSE
On this NOV 2 8 2000 ,VERDA E.BORDNER,Testatrix,personally Published and Declared
the foregoing instrument, as and for her Last Will and Testament, in the presence of each of us
and all of us together,who, at her request, in her presence, and in the presence of each other, also
signed the said instrument as witnesses. We further state that each of us believes that at the time
she executed the foregoing instrument she was of sound mind and memory, of lawful age, and
did so execute it as her own free act and deed and not under the constraint or undue influence of
any person.
'Witness f ,�
Street Address
j P 1139
Ch,State,Zip
Witness
C
Street Address
/0,44707�
City,State,Zip
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
We,VERDA E.BORDNER,_ 5.)11_SCt'y) Aq. (01-11 miflle and
the Testatrix andthe witnesses,respectively,whose
names are signed to the attached or foregoing instrument,being duly first sworn, do hereby
declare to the undersigned authority that we were present and saw the Testatrix sign and execute
the foregoing instrument as her Last Will;that the Testatrix signed it willingly, or directed
another to sign it for the Testatrix,that it was executed as her free and voluntary act for the
purposes therein expressed; that each subscribing witness in the presence and hearing of the
Testatrix signed the Last Will as a witness; and that to the best of our knowledge the Testatrix
was at the time of sound mind and memory,of lawful age,and under no constraint or undue
influence.
J x,
VERDA E.BORDNER
Witness �
WitnessV
SUBSCRIBED, SWORN TO and ACKNOWLEDGED before me, a notary public,by
VERDA E.BORDNER,the Testatrix, and t t` 7). CJ ^ 4 and
-T. 112 ,the witnesses, an this N V 2 9 2000
NO �ilC'vv ` n��? +—� �
(SEAL)
Lirrjp L.r�lt,rri );f.Not"ry Pubic
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My amrr+ r::` L:t?irs•r Nm S,20G3
The Third Amendment
to the
Verda E. Bordner Living Trust
On August 10, 2000, L Verda E. Bordner, signed the Verda E. Bordner Living Trust,more
formally known as:
Verda E. Bordner, Trustee, or her successors in trust, under the Verda E. Bordner
Living Trust dated August 10,2000,and any amendments thereto.
Pursuant to&tcle Four of my Living Trust;which permits me to amend my L.'Ning Trust in
writing at any time,I now wish to amend my Living Trust as follows:
Article Eight of my Living Trust is hereby revoked in its entirety and amended as follows:
Division and Distribution of Trust Property
Section I. Division of Trust Property Into Shares
My Trustee shall divide all trust property not previously distributed into separate shares as
follows:
Beneficiary Name 5hffe
IN EQUAL SHAMS TO MY SURVIVING
GRANDCHILDREN AND GREAT-GRANDCHILDREN 100%
Section 2. Distribution of Trust Shares for My Beneficiaries
The trust share of the beneficiaries named in Section I of this Article who survive me shall be
held,administered and distributed as follows:
a. Distribution of Trust Share for MY SURVI VING-GRANDCHMDREN AND
GREAT-GRANDCMLDREN
The trust share set aside for my suRvrvING GRANDCHILDREN AND GREAT-
(iRANDCBILDREN shall be further divided so as to provide one(1)share for each
beneficiary. Each share shall be held,administered and distributed as follows:
1. Trustee of Trust Shares
The natural parent of such beneficiary, so long as a child or grandchild or great-
grandchild of Trustor,shall serve as the Trustee for such beneficiary's trust share.
If there is no surviving parent of such beneficiary, the surviving children of
Trustor shall appoint a Trustee for such trust share.
2. Distributions of Net Income
The Trustee,in its sole and absolute discretion, shall pay to, or apply for the
benefit of,each beneficiary so much of the net income from such beneficiary's
trust share as the Trustee deems advisable for such beneficiary's health,education,
maintenance or support.
3. Distributions of Principal
The Trustee,in its sole and absolute discretion,shall pay to, or apply for the
benefit of, each beneficiary, so much of the principal from such beneficiary's trust
share as the Trustee deems advisable for such beneficiary's health,education,
maintenance or support.
When each beneficiary attains the age of twenty-five(25)years,the Trustee shall
distribute the balance of such beneficiary trust share to such beneficiary,free of
trust.
4. Distribution on Death of Beneficiary
If any beneficiary should predecease me or die before the complete distribution of
the trust share,the trust share set aside for such beneficiary shall terminate and the
Trustee,shall distribute the balance of the trust property to such benefl6iary's then
living issue,per stirpes.
2
If such beneficiary has no then living issue,the Trustee shall distribute the balance
of the trust property,in equal shares,to my surviving grandchildren and great-
grandchildren.
If I have no surviving grandchildren and great-grandchildren,the trust share set
aside for such beneficiary shall terminate and the Trustee shall distribute the
balance of the trust property as provided in the Articles that follow.
Section 3. Distributions to Underage or Disabled Beneficiaries
Notwithstanding any provision to the contrary in this Article Eight and subject to Section 2 of
Article Twelve, if any beneficiary otherwise entitled to receive a distribution of trust property is
under the age of 25 years,or is incapacitated, as defined in Article Twelve,my Trustee shall retain
and administer such beneficiary's trust share for such beneficiary's benefit pursuant to the
following provisions of this Article Eight:
a. Incapacitated Beneficiary
If such beneficiary's trust share is being held under this Section 3 due to such.beneficiary's
incapacity (as defined in Article Twelve), then, only during the term of such incapacity,
such beneficiary's trust share shall be administered according to the Special Needs
Provisions of.Article Twelve. Upon the beneficiary's regaining capacity (as determined
under Article'Twelve),the following provisions of this Article Eight shall apply.
b. Underage Beneficiary
If such beneficiary's trust share is being held under this Section 3 due to such beneficiary's
being under the age of 25,such beneficiary's trust share shall be administered as follows:
X. My Trustee's Discretion
My Trustee may pay to, or apply for the benefit of, such beneficiary so much of
the net income and principal of the trust share as my Trustee, in its discretion,
deems proper concerning all other sources of income and resources available to
such beneficiary and known to my Trustee.
2. 'Payments Made to Beneficiary or Personal Representative
My Trustee is authorized to make payments under this Section either directly to
the beneficiary,to the beneficiary's personal representative or to any other
person my Trustee may deem proper to be used for the benefit of the
beneficiary.
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3. Trustee's Decisions are Final
All decisions by my Trustee as to those it makes payment to,the purposes for
which these payments are made,and the amounts to be paid out of the trust are
'within my Trustee's discretion.
4. Undistributed Net Income
All undistributed net income shall be accumulated and added to the principal of
the trust.
Section 4. Termination and Distribution as to Underage or Incapacitated Beneficiary
Unless distributions from a trust share are withheld pursuant to Section I of Article Twelve, my
Trustee shall distribute the trust share to the respective beneficiary of a share being held under
Section 3 of this Article Eight on the latest to occur of(i) the date upon which such beneficiary
attains the age of twenty-five(25)years;or(ii)when such beneficiary is no longer incapacitated,as
determined pursuant to the provisions of Article Twelve,
Section 5. Death of Incapacitated or Underage Beneficiary
Subject to the provisions of preceding Sections of this Article Eight, if any beneficiary whose trust
share is being held in tug under such Sections dies before the complete distribution of such
beneficiary's trust share, the beneficiary's interest in such bust share shall lapse and my Trustee
shall distribute such beneficiary's trust share to such beneficiary's then living descendants, per
stirpes; or, if none,to my then living descendants,per stirpes. If I have no then living descendants,
my Trustee shall distribute such beneficiary's trust share as provided in the Articles that follow.
Section 6. General Power of Appointment Over Certain Assets
If any separate share or trust established under this Article Eight shall terminate, or if a
beneficiary's interest therein lapses, upon the death of the beneficiary thereof, my Trustee shall,
anything herein to the contrary notwithstanding,distribute to such appointee or appointees who are
creditors of the estate of such deceased beneficiary, in such proportions and amounts as such
deceased beneficiary shall direct and appoint by such deceased beneficiary's last will and testament
referring specifically to this general power of appointment, those assets composing such separate
share or trust the transfer of which pursuant to the terms hereof other than this Section, and
assuming the nonexercise of any special testamentary power of appointment elsewhere herein
conferred upon such deceased beneficiary, upon such terminate would,but for such general power,
cause any tax under Chapter 13of the Code to be payable. If such deceased beneficiary shall fail in
4
whole or in part to exercise such general power,then the assets subj eat to such general power with
respect to which such deceased beneficiary shall have failed to exercise such general power shall be
distributed as otherwise provided in my Trust Agreement.
All other articles are hereby ratified and confirmed.
I executed this amendment on OCT 21107
I certify that I have read the foregoing Third Amendment to my Living Trust and that it
correctly states the changes I desire to make in my Living Trust. I approve this Third Amendment
to my Living Trust in all particulars,and request my Trustees to execute it.
�e� .�
Verda E.Bordner,Trustor
Verda E.Bordner,Trustee
ACKNOWLEDGEMENT
COMMONWEALTH OF PENNS'YLVANL4L
SS
COUNTY OF DAUPHIN
The foregoing.amendment to the Verda E. Bordner Living Trust was acknowledged before
me on [)CT 7 - 2001 by Verda E.Bordner as Trustor and Trustee.
Witness my hand and official seal.
My commission expires:
,69A, 'ILI 4-6z
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