HomeMy WebLinkAbout08-30-06
PETITION FOR PROBATE and GRANT OF LETTERS
Social Security No.
210-26-9721
No 21-06- -,w1
To: Register of Wills for the
County of Cumberland in the
Commonwealth of Pennsylvania
Estate of
also known as
Raymond T. Bender
The petition of the undersigned respectfully represents that:
Your petitioner(s), who is/are 18 years of age or older and the executrix
in the last will of the above decedent, dated March 13, 2001
and codicil(s) dated N/A
named
(state relevenat circumstances, e.g. renunciation, death of executor, etc.)
Decedent was domiciled at death in Cumberland
with his last family or principal residence at
458 Stone Church Road, Lower Frankford Township
(list street, number and municipality)
Decedent, then 72 years of age, died Aug.13,2006
at Chapel Pointe at Carlisle, Borough of Carlisle, Cumberland County
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 of a killing and was never adjudicated
incompetent: No Exceptions
County, Pennsylvania,
Decedent at death owned property with estimated values as follows:
(If domiciled in Pa.) All personal property
(If not domiciled in Pa.) Personal property in Pennsylvania
(If not domiciled in Pa.) Personal property in County
Value of real estate in Pennsylvania
situated as follows:
/ t?l R t!7P.c'
$ uHestifuatetl
$
$
$ /6?c~ vEJO
Total: f2tJ/fO[Jt).- unn~ti~at@d
WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s)
presented herewith and the grant of letters testamentary
(testamentary; administration c.t.a.; administration d.b.n.c.t.a.)
thereon.
Kay Failor
210 Stonehouse Road
Carlisle PA 17013
~~5b~
UATH UI<' PERSUNAL REPRESENTATIVE
COMMONWEA TLH OF PENNSYL VANIA
COUNTY OF CUMBERLAND
The petitioner(s) above-named swear(s) or affirm(s) that the statement in the foregoing petition are
true and correct to the best of the knowledge and belief of petitioner(s) and that as personal represen-
tative(s) of the above decedent petitioner(s) will well and truly admin'ster t state rding to law;.
Sworn to or affirmed and subscribed :;-u4-i--
before me this ~-0 day of
~~us~ ~ b
Ii::1Q a; - l.t! ~~ Ptl'~gister
Estate of
No.21-06- tl v\
Raymond T. Bender
, Deceased
DECREE OF PROBATE AND GRANT OF LETTERS
AND NOW Db PM.~t- 20 Olo , in consideration of the petition on
the reverse side hereof, satisfactory proof having been presented before me,
IT IS DECREED that the instrument(s) dated_ March 13,2001
described therein be admitted to probate and filed of record as the last will of
Raymond T. Bender
and Letters Testamentary
are hereby granted to Kay Failor
FEES
$
$
$
.~( P f Av-to $
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Stephen 6. Tiley 32318
ATTORNEY (Sup. Ct. J.D. No.)
5 South Hanover Street
Carlisle, Pennsylvania 17013
ADDRESS
(717) 243-5838
Probate, Letters, Etc.
Short Certificates(1 )
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TYPE / PRINT IN
PERMANENT
BLACK INK
1. Name of Decedent (FiI1iL middle, last. suffix)
COMMONWEALTH OF PENNSYLVANIA' DEPARTMENT OF HEALTH' VITAL RECORDS
CERTIFICATE OF DEATH
72
2/20/1934
Carlisle, PA
STATE FILE NUMBER
Raymond
5 Age (Lasl Bil1.hday)
T.
Bender
~I
6, Oaleof8irth Monlh,da ar1
7, Birth lace Ci
8b. Counlyo!Death
8d Facility Name (If rlOl institution, give slreet and number)
o Residence DOther-specify
10, Race: Amencanlndian, Black, White,etl:
(Specify)
White
Cumberland
Twp Car lisle Regional Medical Center
12 WasOecedenteverinlhe
U S,Armed Forces?
Dy" !ill'"
Decedent's
Aclual Residence lh Stale
13 Decedent's Education (Specify only highest grade completed)
Elementary I Secondary (0-12) CoHege (1-4 or 5+)
8
PA
14 Marital Status: Married, Never Mamed
Widowed, Di'{QfCed (Speedy)
Never Married
Did Decaden!
LiYeina
Township?
17o.1llI Y"o.a.d,"IL'"""".J:.oWler Frankford
17d. 0 ~iu=i~~ii'<ed W1thm
Twp
17b.Counly
CllmbP.rland
City/Born
Harve
I . Bender
19. Mother's Name (First, middle, maiden surname)
Nellie Mae Steigleman
2Oa, Informant's Name (Type I Print)
Ka e N. Failor
20b Informan!'s Mailing Address (Street city / town, slate, zip code)
210 Stone House Rd., Carlisle, PA 17013
0>
3
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21c. Place of Dsposition (Name of cemelery, crematory or other place)
21d. Location {City/lown. stale, zip code)
Plainfield Cemete
Plainfield, PA
22c Name and Address of Facility
. ~
Home, Inc., Carlisle, PA 17013
23b. UcenseNumber
o y"
6'NO
=~~~:e~~t~~; J:~~~ disea=;..
D~'O~~ n' '.
Ci'~ 1/v1/~h
Du& \0 (or as a consequence of) ,/
/". ,2 -_,
~..,
;)t~ ~--d'-J
28. Oid Tobacco Use Contribute to Death?
DYes DProbably
~o 0 Unknown
29 If Fema\e'
o Not pregnant wlthm past year
o Pregnant at time of death
o Not pregnant, bul pregnant wi!hin 42 days
ofdealh
o Not pregnant, bul pregnant 43 days to 1 year
of death
o Unknown ifpregnanl w;lhin the past year
32c Place 01 Injury Horne, Farm, S\roet. Fac\ory,
Office Building, etc. (Specify)
: Approximateinlerval
: OnsellODealh
Part II: Enterolhersionificantcooditionsconbibutino todeaUl.
bul not msulbng in the underiying cause given in Part I
~
"y
a
.{
'(?
Sequentially list condlbons, If any
~~~ 8:o~~t~NGn ~~~S'E
(disease or inJury thaI Initiated the
. evenls resulting irl death 1 LAST
Due 10 (or as a consequence 01)
!
;0
'>
"
35 R
30b WereAutopsyFiooll)gs
Available Prior~.com lion
of Cause of Dealh?
DYes No
31 Manne Death
Natural 0 Homicide
o Accident DPendinglnvestigalion
o Suicide D CouKl Nol be Determined
321:1. Time of Injury
329. Locatioo01 lnlury (Slreet, city/town, stale)
-0
~
'"
t
3Qa, Was an Aulopsy
Pertormed?
DY"~
.-~......
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33a. Certlfler(checkoniyooe)
Certifying physician (Physician cer1ifying cause of death when another physician has pmnour.ced death and compleled Item 23)
To the belt of my knowledge, death occurrtd dUI to the cau..(s) and manner as stlt~_ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Pronouncing and certifying physician (Physician both pronouncing death and cer1itying to cause of death)
lathe belt of my knowledge, death ClCCU"ed at the time, dete, and place, and due to the cause(l) and manner al 5Iat~d_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ .D
~
ar' ~~atureand~:I~~~~~
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LAST WILL AND TESTAMENT
a=
RAYMOND T. BENDER
I, Raymond T. Bender, of Lower Frankford Township, (458 Stone Church
Road), Cumberland County, Pennsylvania, being of sound and disposing mind,
memory and understanding, do hereby make, publish and declare this as and for my
Last Will and Testament, hereby revoking and making void any and all Wills and
Codicils heretofore made.
FIRST
I direct the payment of my just debts and funeral expenses as soon after my
death as may be convenient. I ask that my body be buried in our family plot in the
Plainfield, Cumberland County, Pennsylvania, cemetery.
I direct that all federal and Pennsylvania estate taxes, Pennsylvania inheritance
taxes, and generation-skipping transfer tax payable as a result of my death, not limited
to taxes attributable to property passing under this Will, shall be paid by my Executor
from my residuary estate, including any part of my residuary estate that otherwise
qualifies for a deduction for federal estate tax purposes, however, no federal or
Pennsylvania estate tax, Pennsylvania inheritance tax, or generation-skipping transfer
tax shall be payable from or chargeable to any property that passes to my surviving
spouse, whether under this Will or otherwise, and that qualifies for the federal estate
tax marital deduction. I direct my Executor not to seek reimbursement for any tax so
paid fram any beneficiary under this \Ni!!, heir of mine, or other transferee of property
included in my gross estate.
SECOND
I declare that I am unmarried. I have never been married and I have no
children.
THIRD
. .' _ Nancy L. Bender, during her lifetime,
(A) I give and devise to my sIster-in I~W Carlisle Pennsylvania 17013, and the
my house situate at 458 Ston~ Church ~~~niiure furn'ishings, household articles, and
insurance thereon, together Wlt~ a~l. th~ te 'until her death, or such time as she
the insurance thereon, without liability. or "!,,as house Upon the death of my sister-
is no longer able to independently re~lde In ~:e is no 'Ionger able to independently
in-law, Nancy L. Bende.r, or at such :I~:t ~~curs, I direct that the real p~o~erty sha~\ be
reSide in my house, whIchever ev~n hall distribute my furniture, fUrnlShlngs'han
d personal representa Ive s h ceeds of sale of suc
sold a~ I;~rticles and the insurance thereO~1 or \ e P~~after named Executrix sh.all,
house 0 ..' d household articles If my ere 'd ary heirs as provided In
furniture, furnishings, an to sell the same, to my resl u
d. retion choose t
in her sole ISC .' m Last Will and T estamen .
paragraph 3(B) of thiS y the premises, she shall pay
. N ncy L Bender uses . I
As long as my sister-in-law,. a ~ mortgage taxes and specla d
all costs of mai~en~nt~~~i~~I~~:sN:n~~t"~~nder shall 'not be re~i~~~~et~:~s~~:he[
assessments. Y SIS I representative shall resolve any
as the life tenant. My persona
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Page 1 of 3
f R mond T Bender
Last Will and Testament 0 ay .
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my sister-in-law, Nancy L. Bender qualifies to continue to retain her possessory
interest in such property.
(B) All the rest, residue and remainder of my estate, real, personal and mixed,
and wheresoever the same may be situate, I give, devise and bequeath, in equal
shares, per stirpes and not per capita, unto the following:
(i) My sister Harriet Sweger of 1869 Spring Road, Carlisle, Pennsylvania;
(ii) My sister Marie McKeehan of 125 Kerrsville Road, Carlisle,
Pennsylvania;
(iii) My sister Betty J. DeWalt of Bloserville, Pennsylvania;
(iv) My sister Beverly Stets of Bloserville, Pennsylvania;
(v) My sister-in-law Nancy L. Bender, widow, who resides with me;
provided each shall survive me by ninety (90) days, but should any of them fail to so
survive me then the share such deceased sister or sister-in-law would have received
shall pass to such of her issue as shall survive me by a period of ninety (90) days, per
stirpes, and if there be no such issue the same shall lapse and be added to the
remaining share or shares.
FOURTH
I hereby nominate, constitute and appoint my niece Kay Failor of 217
Stonehouse Road, Carlisle, Cumberland County, Pennsylvania, as Executrix of this
my Last Will and Testament. In the event of the renunciation, death, resignation or
inability to act for any reason whatsoever of my said niece, I nominate, constitute and
appoint my sister Beverly Stets of Bloserville, Cumberland County, Pennsylvania, as
Executrix of this my Last Will and Testament. I further direct that no bond or other
security shall be required of any Executor or Executrix appointed in this Will for the
performance of his, her or its duties in any jurisdiction in which he, she or it may be
called upon to act. The terms Executor or Executrix may be used interchangeably in
this Will and shall refer to any Executor or Executrix appointed in this will, or any other
Administrator appointed by a court of competent jurisdiction.
FIFTH
In addition to, and not in limitation of, the powers conferred by law or by other
provisions of this Will, my Executrix shall have the following powers, each of which
may be exercised from time to time by my Executrix in [his/her] sole discretion:
(a)
To retain in the form received, and to sell either at public or private sale,
or to distribute in kind, any real or personal property.
(b)
(c)
To manage both real and personal property.
To invest and reinvest in all forms of property, notwithstanding the fact
that any or all of the investments made are of a ch~racter or size which
but for this expressed authority would not be considered proper for an
Executrix.
(d)
To exercise any option or rights arising from the ownership of
investments.
Page 2 of 3
Last Will and Testament of Raymond T, Bender
(e) To compromise claims without court approval and without the consent of
any beneficiary.
IN WITNESS WHEREOF, I have hereunto set my hand and seal to this my Last
Will and Testament, written on three(3) pages (including notary page), this 13th day of
March, 2001 .
,
//:_,<l"</;/r;..~,,),~...,./~ ../ / '
Raymond T. Bender
~.' ,...-, ~-( r
L (SEAL)
Signed, sealed, published, and declared by Raymond T. Bender, the Testator
above named, as and for his Last Will and Testament, in our presence, who, in his
presence, at his request, and in the presence of each other, have hereunto
subscribed our names as attesting witnesses.
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
) SS:
)
We, Raymond T. Bender, the Testator in, and Stephen D. Tiley
and Trisha A. Liess , the witnesses, to the Last Will and Testament, the
attached or foregoing instrument, who have signed the instrument, having been duly qualified
according to law do depose and say:
a. that I, the Testator, do hereby acknowledge that I signed and executed the instrument
as my Last Will and Testament, that I signed it willingly and as my free and voluntary act
for the purposes therein expressed; and
b. that we, the witnesses, were present and saw the Testator sign and execute the
instrument as his Last Will and Testament, that he signed it willingly and executed it as
his free and voluntary act for the purposes therein expressed; that each of us in the
hearing and sight of the Testator signed the Last Will and Testament as a witness and
that to the best of our knowledge the Testator was at that time eighteen (18) or more
years of age, of sound mind and under no constraint or undue influence.
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Subscribed, sworn to and acknowledged before me by the Testatrix and the witnesses
above-named, this 13th day of March, 2001,
(~1~
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~PUbliC
l--'""NOTI$IlALsEi:t . ~', (
: A08E.H G,I'REV. NOTARY PUBl.IC !
; \~AflLiS:"E. CUMBERLAND COUNTY. PA
1'\"~ G?~~',:~~"~~.?N EXPRIRES JUNE 3. 2CU2
Last Will and Testament of Raymond T. Bender
Page 3 of 3