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HomeMy WebLinkAbout02-15-07 PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of JOHN K. BIXLER, JR. also known as File Number .21"67-()/t.fg , Deceased Social Security Number 207-22-1576 Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE 'A' or 'B' BELOW:) IZJ A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is / are the Executors last Will of the Decedent dated October 10, 2001 and codicil(s) dated named in the (State relevant circumstances, e.g., renunciation, death of executor. etc.) Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of the instrument(s) offered for probate, was not the victim of a killing and was never adjudicated an incapacitated person: o B. Grant of Letters of Administration (If applicable, enter: c.t.a.; d.b.n.c.t.a.; pendente lite; durante absentia; durante minoritate) Petitioner(s) after a proper search has / have ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs: (If Administration, e.t.a. or d.b.n.e.t.a., enter date of Will in Section A above and complete list of heirs.) Name Relationship Residence '--: C~) g r~f.l (COMPLETE IN ALL CASES:) Attach additional sheets ifnecessary. Decedent was domiciled at death in Cumberland County, Pennsylvania with his / het last principal residence at 545 Park Drive. Boiling Springs, South Middleton Township, Pennsvlvania (List street address, town/city, township, county, state, zip code) c.;; r.~) Decedent, then 79 years of age, died on January 16,2007 at Petersburg Road at Lerew Road ___I Decedent at death owned property with estimated values as follows: (If domiciled in P A) All personal property (If not domiciled in PA) Personal property in Pennsylvania (lfnot domiciled in PA) Personal property in County Value ofreal estate in Pennsylvania 300,000.00 $ $ $ $ 270,000.00 situated as follows: 545 Park Drive, South Middleton Twp., 168 E. Main Street, S. Newton Township, Kings Gap Road, Dickinson Township Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant of Letters in the appropriate form to the undersigned: T ed or rinted name and residence John K. Bixler, III, 31 McAllister Church Road, Carlisle, PA E. Jean Bixler, 119 Race Street, PO Box 45, Boiling Springs, PA FormRW-02 rev. 10.13.06 Page 1 of2 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 representative(s) ofthe Decedent, Petitioner(s) will well and truly administer the estate according to law. before me the Ii day of ~,,~ Signatll of Personal Representallve /'1 ,fA-.! / Signature If, ersonal Representati e )1/ Sworn to or affirmed and subscribed Signature of Personal Representative File Number: :21 ~c) 7 - (A l/% Estate of JOHN K. BIXLER, JR. , Deceased Social Security Number: 207-22-1576 Date of Death: January 16, 2007 - -' t'f b ;:Xl' 1-J VI i V~r,'J " ~'. ", v- . i AND NOW, { 'J '._J L t II (Ll~, c' .7, in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED at Letters Testamentary are hereby granted to John K. Bixler, III and E. Jean Bixler in the above estate Letters $ 460.00 8.00 Attorney Signature: Short Certificate(s) . . . , . . . . $ Renunciation(s) .......... $ JCP ... $ Automation Fee . . . $ Will . . . $ .. . $ ... $ .. . $ . .. $ . .. $ . .. $ TOTAL . . . . . . . . . . . . . . $ 10.00 5.00 15.00 Attorney Name: Supreme Court J.D. No.: 6282 :,) Address: 60 West Pomfret Street -I Carlisle, PA 17013 f-r-; \.~ ,~._; wi -:-: Telephone: (717) 249-2353 i"....:J .... 498.00 -.J Form RW-02 rev. 10.13.06 Page 2 of2 HI05.8OS REV 1105 This is to certify that the information here given is correctly copied from an original certificate of death duly filed with me as Local Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent filing. WARNING: It is illegal to duplicate this copy by photostat or photograph. No. 4;iii~7ifi;;;;;-... /,,~(~"'~!lEfl,i~~ 4\'.:".~/' "'~.i"'":. ",~/ \:.t-:!:- !l~/ .... . \~~ If ~i .' ~~ \~% I~~f a:i. :-~ ,~'-'\ 'Jd - ..'~~ \~ .. .~~ ". -..'1 * ~ \,;.:;2..\ '. ''1::-,,' ~~" ,~" ~_ -1'.?~~__ .' ~\.~,,\\\' ~---_IMEm"~ ~,~ ......, !1' \) ,,11, "'.'_''''.I/~!.!L!!J.!!#Y a",.Jt\Q ~. \=,b.)..~~~ Local Registrar ~ Fee for this certificate. $6.00 P 12996145 JAN 1 9 2007 Date t'Ut"'j c. -1-\ I',) _._~ ~ ~!-07'-O/L/t v~. COMMONWEALTH OF PENNSYLVANIA' DEPARTMENT OF HEALTH' VITAL RECORDS CORONER'S CERTIFICATE OF DEATH (See Instructions and examples on reverse) 1105.144 REV 1112006 TYPE I PAINT IN PERMANENT BLACK INK 1130-433 1. Name of 0ecedenI (FIl'St. midcle, last, suffix) John 5.""llast~rthdayl 79 K Bixler 8b. County of Death " I . Cumberland 11. Oecedent'sUsuaI C~~d . 16. s Mailing Addl'8ss (Street. city I town, slate, zip code) 545 park Drive Boiling Springs, Pa 17007 18, Father's Name (FIrSt, middle, Iasl, suffIx) John K. Bixler, Sr. 2Oa. Informanl's Name (Type / Print) John K. Bixler, III 218. Method of Disposition 17b. County PA C1~dimQ 17e. ~ Yes, Decedent lived in . 17d.O No,Decedentl.lvedwlthin ActuaIUmilsof South Middleton Twp. Cityl"" 19. Mother's Name (Fll'Sl, middle, maiden surname) E1va Myers 2Ob. lnformanfs Mai5ng Address (Street, city / town, state, zip code) 31 McAllister Church Rd. 21c:. Place of Disposition (Name 01 cemetery, cremalOl)' Of other place) Mt. Zion Cemetery Hoffman-Roth Funeral Home 23c. Dale Signed (Month, day, year) 23b. LIcense Number hems 24-26 rrKJSI be comple\ed by pllfSOIl 24. TIme of Death 25. Dale Pronounced Dead (UOOh. day, year) "",,,,,,,,,,,,,,,,death. A rx. 3:45 P M. Januar 16, 2007 CAUSE OF DEATH (See Instructions and examples) Item 27. ParI I: Entefthe~-dseaseB,lnjuries,orcomplications-lhatcirectlycausedlhedealt1. DO NOTentel'terminal events such as cardiac arrest, tlllipiralol'yarrest, or ventricular IIbriIIaIloo without showing the etiology. U81on1yonecauseoo eachlne. ~~~~)dM~ CrushinR Chest In1uries Due to (or as a consequence 01): b. Motor Vehicle Crash Due to (or as a consequence of): 26. Was Case Referred to MedIcal Examiner / Coroner tor a Reason Ottlet than Cremation or Donation? I'l!lv" ONe 3Oa.WasanAulopBy "- I Approximate Interval: Part II: Enter oIher flimificant rond'l6Ms c:onIrilUlIoo to d8a1h : Onset to Death but not redIng in the undertylng cause given in Part 1. , , : 29. If Female: : 0 NotPf8lJWllwithlnpaslyear : 0 Pregnanlattimeoldealh , 0 NoIP-.butp"",,"",""'...days : 01 death : 0 Nol.pregnanl,butpregnanl43daysto1year , ""'""..... I o Unknown II pf9I1IllI1l:wfthin the pest year 32b._ribeHowI"",,""""'Belted operator, pulled in 32<:.".,.,.0'..."'......''''''.".....''''''''. ath of oncoming vehicle,struck broadsid . OIf",.,IIcIng.eIc.rSpodlyi ra 321.IfTranspor1ation Injury (Specify) 32g. LocatloooflnjUIY (Slreet, cityftown, stale) 18'0"""1"""'''' 0_ 0"- Other.SpodIy' Petersburg Rd., 33Il.~Icher:l<only...) 33b. . ~~~':::''::''~~'''::'':='':~_~:'~~'':~mm_ _ m___ m 0 ~ . ~ ':: =. "'::" =::::"~oncI"'::: '::'''1::'''' ~=...... II __ __ m _ _ m m _ m 0 "" L<onse """'" __I"'"""" fof Januar 18 2007 On the bnis ofexamlnlllon and I or InvestIgItion,ln my opinion, dllIItI occ:umld 81 thttitne, date, and place, and dull totfle cauu(.) end ftIlIMM' as stilled.. I!!!rr4. 34. Name and~of Person WhoeompetedCausf 01 DeathiltlmP'J T.YJl8LPrill Todd C. Eckenrode, ~h~eI ueputy Coroner ( re~~eu..~ 1..1. I \ I,.:}..I \ 101 36 FIledIMoo~,day.yew) 6375 Basehore Road, Suite ill n;",,,,,illnnP,nnIlNe. (~I q5~ 28. DId Tobacco Use Contribute to Deeth? ov" 0"- ONe ou","""" =t~~~a. = UNDERLYING CAUSE (lIseaseor~lhaliritialedlhe events resulting lfIdealh) LAST. Due to (or as a consequence of): d. o Ves ,g.o ov" oNo oNaIu'" 0- ~- 0"_'''''''''''''' oSLJidde oCooldN~bellelerm"," Springs,P 3Ob. Were Autopsy Andings AvalablePriorIo~ of Cause of Death? 31. Mannef of Death ~ :g 15 " ;:; 35. ~ ;)1-07-0IL/~ LAST WILL AND TEST AMENT I, JOHN K. BIXLER, JR., of South Middleton Township, Cumberland County, Pennsylvania, being of sound and disposing mind and memory, do hereby make, publish and declare this to be my Last Will and Testament, hereby revoking any and all former Wills or Codicils by me made. 1. I direct that all my legally enforceable debts, funeral expenses, testamentary expenses and all inheritance taxes (whether such taxes may be payable by my estate or by any recipient of any property) shall be paid from my residuary estate as soon as practicable after my decease and as part of the administration of my estate. My personal representative shall have no dutyJ:}J:..pbligaudn to '- ..-. --r; obtain reimbursement for any such tax so paid, even though on proceeds of insufan.oe orJjther property not passing under this Will. c, 2. r,..) I give, devise and bequeath my one-half (112) interest in the tract of land' (farm}' 'with buildings and improvements erected thereon, and the contents thereof, situate in South N~on Township, Cumberland County, Pennsylvania, containing approximately 84 acres (said real property being owned in tenancy in common with my sister, E. Jean Bixler) unto my sister, E. JEAN BIXLER, absolutely. In the event my said sister shall fail to survive me, then I give, devise and bequeath any interest which I may have in said real property unto my son, JOHN K. BIXLER III. 3. I give, devise and bequeath all the rest, residue and remainder of my real property (consisting presently of my home situate at 545 Park Drive, South Middleton Township, Cumberland County, Pennsylvania; my parcel of mountain ground situate on Kings Gap Road in Dickinson Township, Cumberland County, Pennsylvania, containing approximately 19 acres; and my parcel of mountain ground situate in Penn Township, Cumberland County, Pennsylvania, containing approximately 12.5 acres), including the contents thereof, unto my son, JOHN K. BIXLER III, absolutely. Page 1 of 5 Pages J.f<.(1) J.K.B. 4. I give, devise and bequeath the sum of One-Thousand ($1,000.00) Dollars unto each of following charitable beneficiaries: THE SALVATION ARMY of Carlisle, Pennsylvania, and BETHESDA MISSION of Harrisburg, Pennsylvania. 5. I give, devise and bequeath all the rest, residue and remainder of my estate, both real and personal property, in the following manner: a. Twenty-Five (25%) percent thereof unto my son, JOHN K. BIXLER III, absolutely. b. Twenty-Five (25%) percent thereof unto my sister, E. JEAN BIXLER, absolutely. c. Fifty (50%) percent thereof, unto my Trustee, in trust, for the following purposes: (1) I direct that my Trustee shall hold, invest and reinvest the same, collect the income arising therefrom, and after paying all expenses incident to the management of the trust (including the fees of the Trustee in accordance with its prevailing schedule of fiduciary fees), to use and apply as much of the income and principal as may be necessary in the sole discretion of my Trustee for the college education of my grandchildren, CHRISTINE M. BIXLER, CATHERINE D. BIXLER, and JOHN T. BIXLER. (2) Upon the attainment of an undergraduate degree by each of my aforesaid grandchildren (or the good faith determination by my Trustee that any of said grandchildren who have not yet attained such degree are incapable of attaining same by reason of mental or physical incapacity) or upon the youngest of said grandchildren having reached the age oftwenty-five (25) years, whichever shall first occur, the remaining principal and any accumulated income in the trust shall be distributed to the mother of said grandchildren, BARBARA BIXLER, absolutely, with substitution of issue per stirpes. (3) To the extent that the same is permitted by law, none of the beneficiaries hereunder shall have any power to dispose of or to charge by way of anticipation any interest given to such beneficiary; and all sums payable to or on behalf of such Page 2 of 5 Pages ,) J\ P, J.K.R. beneficiaries hereunder shall be free and clear of the debts, contracts, alienations and anticipations of the beneficiaries, and all liabilities for levies and attachments and proceedings of whatsoever kind, at law or in equity. d. Should either or both of the said JOHN K. BIXLER III or E. JEAN BIXLER fail to survive me, then their respective shares in the residue of my estate shall be added to the foregoing trust. 6. I nominate, constitute and appoint my son, JOHN K. BIXLER III, and my sister, E. JEAN BIXLER, or the survivor of them, as Executors of my estate. In the event both of them shall be unable or unwilling to serve in such capacity, then I appoint ORRSTOWN BANK to act in such capacity. 7. I nominate, constitute and appoint ORRSTOWN BANK as Trustee under the terms of this Last Will and Testament. 8. I direct that neither my personal representatives nor my Trustee shall be required to file a bond to secure the faithful performance of their duties in any jurisdiction. 9. I authorize and empower my personal representatives and Trustee, in their sole and absolute discretion, to purchase or otherwise acquire and retain any investments of which I die seized or any real or personal property of any nature; to sell, lease, pledge, mortgage, transfer, exchange, dispose of or grant options in regard to any or all property of any kind forming a part of my estate for such terms and such prices as they may deem advisable; to borrow money for any purposes connected with the protection and preservation of my estate; to mortgage or pledge any real or personal property forming a part of my estate or to join in or secure the partition of same; to compromise any claims or demands of my estate against others or of others against my estate; to make distribution in kind and to cause any share to be composed of cash, property or undivided fractional shares in property different in kind from any other share; to employ agents, attorneys and proxies and to delegate to Page 3 of 5 Pages j. \(.1:7 J.K.B. them such power as my personal representatives and Trustee consider desirable and to pay reasonable compensation for such services as may be rendered by such agents, attorneys and proxies; and to execute and deliver such instruments as may be necessary to carry out any of these powers. In addition, I direct that my personal representatives shall have the power to conduct an inventory of any safe deposit box necessary to the administration of my estate. IN WITNESS WHEREOF I have hereunto set my hand and seal this 10th day of October, 2001. Itdwz /,", ~Y'(SEAL) :fui7n K. Bixler, Jr. SIGNED, SEALED, PUBLISHED AND DECLARED by the above-named Testator, as and for his Last Will and Testament, in the presence of us, who at his request, have hereunto subscribed our names as witnesses thereto, in the presence of the said Testator and of each other. -~~ (--;/J1~G,u-r CL~~ Page 4 of 5 Pages COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF CUMBERLAND ) I, JOHN K. BIXLER, JR., Testator, whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. -dlk k ~Jr, Joh . Bixler, Jr. Sworn or affirmed to and acknowledged before me by JOHN K. BIXLER, JR., the Testator, this IOili day of October, 200L KtllL .() ~~ Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal ) Lori A. Sullivan, Notary Public c ~ L ~arlisle Boro, Cumberlaild County : ;: 4V1y Commlsaion ElCpInts Feb. 16, 2004 ) Member, PennsylVania Association at Notaries COUNTY OF CUMBERLAND We, S7C~/ff=7lJ i-. !3UC7/J7 and 1/7;:;re11c:A ~ C !fr20AJ J!:, ~ the witnesses whose names are signed to the attached or foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw JOHN K. BIXLER, JR., the Testator, sign and execute the instrument as his Last Will; that the Testator signed willingly and that the Testator 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 Will as witnesses; and that to the best of our knowledge the Testator was at that time 18 or more years of age, of sound mind and under no constraint or undue influence. -~~ Address :>>00 Lo","J So C';'&:.f'tI20CA.J C"'--",sle J PA 1701 '3 . L-/J7~7-:- ~G~ Address c?d CT M Co~-.sf. (' ~L./-JGE / ~/f /70/3 J Sworn or affirmed to and subscribed K&0 {) O;;t;;2;ZOO 1. Notary Public . Notarial Seal C:\SLB\Estate Planning\10277.1wilLdoc ! Lon A. Sullivan, Notary Public , Car.,~le Bofo. Curnb8t1and County My 1;'_i1':.nissio" ElcpieS Feb. 16,2004 Page 5 of 5 Pa . her. Penr>S'flV8ni~ I\S. of Notaries