HomeMy WebLinkAbout09-20-05
PETITION FOR PROBATE and GRANT OF LETTERS
Estate of RUTH SMITH BITNER No. 21-05- ~ '-I \
also known as RUTH W SMITH To:
Register of Wills for the
, Deceased. County of CUMBERLAND in the
Social Security No. 200-24-0424 Commonwealth of Pennsylvania
The petition of the undersigned respectfully represents that:
Your petitioner(s), who is/are 18 years of age or older and the execut RIX named
in the last will of the above decedent, dated FEBRUARY 16 2000
and codicil(s) dated N/A
(state relevant circumstances, e.g. renunciation, death of executor, etc.)
Decedent was domiciled at death in CUMBERLAND County, Pennsylvania, with
h ER last family or prinCipal residence at 871 OAK OVAL UPPER ALLEN TOWNSHIP
MECHANICSBURG PA 17055
(list street, number and municipality)
Decedent, then 77 years of age, died 9/11/2005
at MESSIAH VILLAGE 100 MT. ALLEN DRIVE MECHANICSBURG PA 17055
Except as follows, decedent did not marry, was not divorced and did not have a child born or adopted
after execution of the will offered for probate; was not the victim 0 a killing and was never adjudicated
incompetent: RRIED T OBERT BITN R ON ..1 0
Decedent at death owned property with estimated values as follows:
(If domiciled in Pa.) All personal property $ 95 000 00
(If not domiciled in Pa.) Personal property in Pennsylvania $
(If not domiciled in Pa.) Personal property in County $
Value ofrea! estate in Pennsylvania $
situated as follows:
WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s)
presented herewith and the grant of letters TESTAMENTARY
thereon. (testamentary; administration c.I.a.; administration d.b.n.c.l.a.)
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H A HER F. HEAGY' ~
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CONESTOGA
PA 17516
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OATH OF PERSONAL REPRESENTATIVE
COMMONWEALTH OF PENNSYLVANIA} ss
COUNTY OF CUMBERLAND
The petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing petition are
true and correct to the best of the knowledge and belief ofpetitioner(s) and that as personal represen-
tative(s) of the above decedent petitioner(s) will well and truly administer the estate according to law.
Sworn to or affirmed and subscribed { :!'''.\,,"',<;G., r C~ {~S.)l
before me this 20TH day of , a
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No. 21-05- ~'4 \
Estate of RUTH SMITH BITNER
, Deceased
DECREE OF PROBATE AND GRANT OF LETTERS
AND NOW ~ ~~ ~~~~'\t ~'\;J ~'>~ ') in consideration of the petition on
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the reverse side hereof, satisfactory proof having been presented before me,
IT IS DECREED that the instrument(s) dated ~ ~. \1.., I "}.,'\\~\'l
described therein be admitted to probate and filed of record as the last will of ~~\\ 'S;. ~..('''~\... ~ ,\ T\~"
and Letters \'t~~~~~2
are hereby granted to :.0.. ~ ~ ".
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FEES
Probate, Letters, Etc.. . . . . . . . $ ") \ ~
Short Certificates ( 'S ) . . . . . . $ \,'"
l?.efttlftdr.ti8H . 'v.) 1,.'-. . . . . . " $ , S.
3<::'~ ~ ~""() $ 'S
TOTAL _ $ 1()~.
Filed. . . . . . . . . . . . . . . . . . . . . . . .
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GERALD J. BR NSER
09655
ATTORNEY (Sup. CI. 1.0. No.)
6 E. MAIN STREET, P.O. BOX 323
PALMYRA PA 17078
ADDRESS
(717)838-6348
PHONE
HIl\'\'1i\'\ RI-:\' 'Ill" ~ \ ~~ S _ ~4 \
This is to certify that the information here giVl:n is correctly copied from an original cL'J'tificate of death duly filed with me as
Local Registrar. The original certificatc will be forwarded to the Slate Vital Records Office I()r permanent filing,
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Fee for this certificate, $6.00
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l. Local Regi ~U.
SEP 1 3 2005
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SHOULDREAD:
88 SEP 1 3 2005
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COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS
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PERMANENT
!ltACK INK
CERTIFICATE OF DEATH
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~E OF DeCEOENT (Fnl. MIddle. Lull
1. Ruth SIli th
.AGE(Lasl~)
lIfJ1.1'f. ~ILE"IUMeEF't
5. 77 Yrs.
COUNTY OF OEATH
BIRTHPlACE (City and
Sl8leor ForeugnCounlry)
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2. Female
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SOCIAL SECURITY NUMSER
3. 200 - 24-
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CATE OF OEATH (MCIIllh. O.y. Y_I
September 11, 2005
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lb. Cumberland
DECEDENrs USUAL OCCUPATION
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MARITAl. STATUS - MAIried,
Never Mimed, WIdOW1ld.
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He.. E9 Yes,1I1K':fl(le.n11lvNl1n
RACE.Americanlndilf1. Blick, WhiIlt,e1 .
(Specily)
10. White
SURVIVING SPOUSE
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FATHER'S NAME (Fir$l. MIddle, Last)
fl. Walter O. Winger
INFORMANrs NMlE (TYJ>ftIPrinI)
~~Mr. Robert Bitner
METHOO Of DISPOSITION
BurialKJCrem:aIion~8!TlOY'lfI"omSt'leO
au- (Spedfy)
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1 7055-8409
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17b_ County Cumberland
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MOTHER'S NAME (Fnt, Middle. Maiden S......->II)
11. Abbie Bert
INFORMANrs MAILING AODRESS (SInIeI. CityfTown, stale, ZIp Code)
10b. 871 Oak Oval Mechanicsbur PA 17055-8409
PLACE OF DISPOSITIO,... Nama 01 CemeI""Y, Cr&m8Iory LOCATION. Cily(Town. Slale. Zop Code
orOO-F'lac.
PA
PA 17019
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CAUSE (Disuse or injury
'lhIIlinltla.ted~
reM.llllngOflOtl.lhllAST d.
WAS AN AUTOPSY 'WERE AUTOPSY FINOINGS MANNER OF OEATH
PERFORMED? A"A1lA8lE PRIOR TO
COMPLETION OF CAUSe Nal1..lm
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CERTIFIER (ChedI onty one)
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DUE to(ORASACONSEOVUIQ Of)
ClUE TO (OR AS ^ COOSEOUENCE Of')
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Homicide
DATE OF INJURY
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TIME OF INJURY
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LAST WILL AND TESTAMENT
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RUTH W. SMITH
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T, RUTH W. SMITH, make this my Last Will and Testament, and T revoke any previous Will.
FIRST: T direct my Executor to pay all my last illness and funeral expenses as soon as
convenient.
SECOND: T direct my Executor to allow LAUREEN GINDER, MARY FREY and
HEATHER F. HEAGY, to select such items of tangible personal property either for themselves, or
for my brothers or my nieces and nephews, as they choose_ Such selection need not be in equal
shares as to the three of them. To assist my Executor and the three of them in such selection, I have
prepared a list of suggested (but not required) allocation of certain items of tangible personal
property .
THIRD: All the rest, residue and remainder of my estate, of whatsoever nature and
wheresoever situate, T give, devise and bequeath IN TRUST to HEATHER F. HEAGY,as the
Successor Trustee under the Trust Agreement with me as Settlor and original Trustee,
dated :z II (" / , 2000, as amended.
/ I
FOURTH: T direct my Executor to pay all inheritance, estate, succession and I egacy taxes
of whatsoever nature and kind, to which my estate or the transfer of any property passing hereunder
or otherwise passing by reason of my death may be subject, from the principal of the residue of my
estate.
FIFTH:
My Executor is hereby authorized and empowered, in addition to such powers
granted executors by law, all exercisable without court order: ( a) to sell securities or other property,
real or personal or both; (b) to borrow money from such persons as it may desire, including the
1
power to borrow from itself as an individual or as a fiduciary under any Trust Agreement for any
purpose necessary or desirable in connection with the payment of taxes or other matters incidental
to the settlement or administration of my Estate, or for investment purposes, on either a secured or
unsecured basis, at such rate of interest as may be necessary and to sign notes and to pledge the
assets of my Estate as security therefor; (c) to make non-prorata distributions in kind or partly in
kind or partly in cash; (d) to retain all or any part of my property, real or personal, constituting my
Estate for such time as my Executor deems best or to invest or reinvest the same without being
restricted to "legal" investments; (e) to compromise claims against or in favor of the Estate, with
or without Court approval on such terms and conditions as Executor deems appropriate, in my
Executor's sole discretion; (f) to claim, in my Executor's discretion, expenses of administration of
my Estate as deductions for federal income tax purposes, when this will result in an overall
reduction of income and death taxes for my Estate (no adjustments between income and principal
or in the amount of the distributions to the trusts created by separate instrument shall be required
as a result of such action);
SIXTH: I nominate, constitute and appoint HEATHER F. HEAGY, as Executor under this
my Last Will and Testament. IfHEA THER F. HEAGY is unable or unwilling to serve as Executor,
then I nominate, constitute and appoint MARY F. ENGLE as Successor Executor with the same
duties and powers as if originally appointed. No bond shall be required in this or any other
jurisdiction of my Executor or Successor Executor.
SEVENTH: I hereby nominate, constitute and appoint REA THER F. HEAGY, as Guardian
of the estate of any minor or other beneficiary physically or mentally unable to manage his or her
affairs and to serve without bond in this or any other jurisdiction. If HEATHER F. HEAGY is
unable or unwilling to serve as Guardian, then I nominate, constitute and appoint MARY F. ENGLE
as Successor Guardian.
If any beneficiary of my estate is under the age of eighteen (18) years at the time at which
distribution of any property devised and bequeathed by this Will would otherwise be made to such
2
beneficiary, or is unable to manage his or her own affairs, my Executor shall distribute all such
property to the guardian of the estate of such beneficiary.
The guardian shall hold, manage, invest and reinvest any property received by the guardian
(whether under this Will or otherwise), shall collect the income thereof, and shall apply so much
of the net income and, if the net income is insufficient, so much of the principal ofthe property held
for such beneficiary as the guardian shall deem necessary or advisable for such beneficiary's health,
maintenance, support and complete education.
The guardian shall accumulate any surplus net income annually and add the same to the
principal of the property held for such beneficiary.
When such beneficiary attains the age of eighteen (18) years, the guardian shall distribute
to such beneficiary all property held by the guardian for such beneficiary.
If such beneficiary dies before attaining the age of eighteen (18) years, the guardian shall
distribute to the personal representative of such beneficiary's estate all property held by the guardian
for such beneficiary.
EIGHTH: The compensation payable to my Executor shall be the compensation due, in
accordance with the fee schedule of my Executor at the time such services are rendered, or if my
Executor is an individual, such compensation shall be reasonable compensation.
IN WITNESS WHEREOF, I, RUTH W. SMITH, the Testatrix, to this my Last Will and
Testament, printed on four (4) sheets of paper have set my hand and seal this i /p 14ay of
-/t~ . ,2000.
~d ifl 3m/-JC-
RUTH W. SMITH
(SEAL)
Signed, sealed, published and declared by Testatrix as and for her Last Will and Testament, in our
presence, at her request and in the presence of each other have hereunto set our hands and seals as
attesting ~esses. f) /1_ If U
~(, ~ residing at C~~( ,<,
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COMMONWEALTH OF PENNSYL VANIA:
COUNTY OF DAUPHIN:
. We, Rlf+~ IJ/.S"./I-L , e'er r C 511'tZ,e-( and 1{).JI f.
:::'p11r ,the Testatrix, and the witnesses, respectively, whose narhes are signed to the attached
or tI egoing instrument, being first duly sworn, do hereby declare to the undersigned authority that
the Testatrix signed and executed the instrument as her last will, and that she had signed willingly
and that she executed it as his free and voluntary act for the purposes therein expressed, and that
each of the witnesses in the presence and hearing of the Testatrix signed the Will as witness; and
that to the best of his knowledge the Testatrix was at that time eighteen or older, of sound mind and
under no constraint or undue influence.
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,2000. -
SEAL
Notarial Seal
Rhonda E. Eberly, Notary PublIC
Hanlsburg, Dauphin County
My Commlsslon Expires May 2, 2002
Member. PennsylVania Assoctatlon 01 Nolanes
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