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HomeMy WebLinkAbout04-05-07 PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA File Number 21-07- Estate of Janice M. Marsh also known as , Deceased Social Security Number 144-24-9240 David W. Marsh Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE 'A' or 'B' BELOW:) 00 A. Probate and Grant of Letters Testamentaryand aver that Petitioner(s) last Will of the Decedent, dated 08/15/2006 and codicil(s) dated is/are the NIL Executor 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 appllC801e, enter. c.t.a.; a.b.n.C.t.s.; peaente lite; aurante absentia; durante mmontate} 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(/f Administration, c. t.a. or d.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.) c:.:,> --..J :r:>- ;;0 Name Relationship Residence r--.....:';J :Co. ,-] (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. ::'U 00 ! I Decedent was domiciled at death in Cumberland County, Pennsylvania with his / her last principal r~id~nce at 0 Ol 824 Lisburn Road - Apt. 401, Camp Hill, Pennsylvania (Lower Allen Township) (Ust street address, town/city, township, county, state, zip code) at 824 Llsbum Road, Camp Hili, Pennsylvania Decedent, then 88 years of age, died on 01/17/2007 Decedent at death owned property with estimated values as follows: (If domiciled in PAl All personal property $ (If not domiciled in PAl Personal property in Pennsylvania $ (If not domiciled in PAl Personal property in County $ Value of real estate in Pennsylvania $ situated as follows: 200,000.00 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: Signature Typed or printed name and residence David W. Marsh 503 Broad Circle Mechanlcsburg, PA 17055 Fann Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner GrouP. Inc. Page 1012 COMMONWEALTH OF PENNSYLVANIA COUNTY OF Cumberland Oath of Personal Representative } SS } 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 of Petitioner{s) and that, as personal representative{s) of the Decedent, Petitioner{s) will well and truly administer the estate according to law. before me this 5 th day of Sworn to or affirmed and subscribed Signature of Personal Representative Signature of Personal Representative File Number: 21-07- ~~9.ct Estate of Janice M. Marsh , Deceased Social Security Number: 144-24-9240 Date of Death: 01/17/2007 AND NOW, Apri 1 5 2007 , in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to David W. Marsh in the above estate and that the instrument{s) dated 08/15/2006 described in the Petition be admitted to probate and filled of record as the last Will (and Codicil{s)) of Decedent. 1S.0D 10.00 5.DO ,tf};~ ~~bdn~~ Altom" S~oa""" ~ ___ Attorney Name: Wm. D. Schrack III FEES Letters.......................................... $ Short Certificate{S)..{$)........... $ ;J l c1l {:J() \~.60 Renunciation{s)............................. $ Supreme Court I.D. No.: 15893 Schrack & Linsenbach PC Address: 124 West Harrisburg Street P.O. Box 310 Dillsburg, PA 17019-0310 $ $ $ TOTAL.................................. $ , -=5(jd .. ()O Telephone: 717-432-9733 Form RW-02 Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. Page 2 012 H 105.805 REV 1/05 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. ~~~ Fee for this certificate, $6.00 p 13021827 JAN 1 9 2007 Date C) c:;o :>.- ::0 '-'-0 C) j $: tr; .~:X) . ()) 77.. ,-.) = = -l ~ -0 ?O \ c..n p" - ...... H105.144 REV 11f2008 TYPE I PRINT IN PERMANENT BLACK INK //30-435 COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS CORONER'S CERTIFICATE OF DEATH (See instructions and examples on reverse) ;--)0 ~ 1(:) -1'1 ,.- '15 :::"..-\ -c .;;>- C!? o -.I 88 v". July 29, 1918 Burlington, NJ 14. Marital Status: Married, Never Manied. WKlowod.D_(SJl<<iflj divorced 1. Name of Decedent (Frrst. middle, last, suffix) Janice 5."'Je(last8_1 M Marsh 6. Date 01 8"" (Month. cia . 7.8101l1pla<:e( . lib. County of Dealh 8d. Facility Name (If not institution, rjve street and number) Factory ~~ 824 Lisburn Road 12 Was Decedent..., m \he 13. _~ Education (5pecKy on~ highe<1lJ'Bdt compIeled) U.S. Armed Forces? Elemel)iary I Secondary (0-12) C,oIlege (1-4 or 5+) OVes lQ\]No unK unK llb. County PA Cl.flberland Did Decedent Uvelna Township? 17cXXl Ves.Oe<:edentl!wd;o I ~r Allpn 17d. 0 No. Decedent lived within AclualUmitsof TWO. . 16. OeCtdent's Mailing Addms (Street. city (town, state. zip code) 824 Lisburn Rd. Carrp Hill, PA 17011 tl.Father'sName{FitBt,midtIe.!astsutr.x) Ha Miller 2Oa. Informant's Name (Type I Print) David Mirsh Oeeedenfs ActualResidenee 17a.Slale CityiBorn o ~ '" < ;;1 19. Mother's Name (First middle. maiden surname) Anna Robinson 2Ob. Inlormanfs Ma~ing Address (Street, city ( town, state, zip code) 503 Broad Circle, fJechanicsburg, PA 21c. Place of Disposition (Name of cemetery, crematOl)' or other place} PA 18974 01/19/2007 American Crena 22cN,meaodAddnlssol'ad6ly J. Allen Hooper Funeral Chapel rnc 41 W. Trenton Ave. Morrisville PA 19067 238. To the best of my knowledge, death occurred at !he lime. date and place staled. (SignalUf9 and litle) 2$b. License Number 23c. Dale Signed (Month. day. year\ DYes ttNo OVes ON. 31. Manner of Oealtl ~NalUnll 0 Honic<le 0- 0 P_'_gal;.. OS<;c;de OCa<dNolbellele<m""'" I Approximate interval: I Onse1 to Death I , , , , , . , , , . , , , . , 26. Was Case Referred 10 Medical Examiner f Coroner for a Reason O1her I"an Cremation or Do.,alion? Oltves ONo Part II: Enler other sianific8nt conditions contributina to dealtl. 28. Did Tobacco Use Contribute to Deall1? but not resulting in the underlying cause giI.'8n in Part 1. 0 Ves. 0 Probably o N. III Uo"","" 29. If Fema!e' iJ Not pregnant within past year DPregnantattimeof~ath o Not pregnant but pregnant within 42 days of death o Not pregnant. but'pregnant 43 days to 1 year before death DUnkfloWl'l;fp~antwilt1infhepaslyur 32c. Place of Injury: Home. Farm, Street. FacioI)'. Office 8u~og. eIl:. (Spec;fy) II8ms 24-26 must be completed by person 24. Time of Death 25. Date PronolI1ced Dead (Month, day, year) ................dee1h A rx. 10:00 AM. Januar 17 2007 CAUSE OF DEATH (See Instructions and examples) Item 27. ParI!: Enter the ~ _ diseases, injuries, or complications - that directly caused the dealh. DO NOT enter terminal events such as cardiac arrest. respiratory arrest. or ventricular fibrillation wilhouI showing the etiology. List only one cause on each tine. :=:~=\dise~ Hypertensive Cardiovascular Disease Due to (or as a consequence of): _"'_.llany. IeMInIltothecauselistedonlinea. Em< !he UNDERLYING CAUSE =- ..:;",~.':..,'t'LAir\he b. Due to (or as a consequence of): c. Due to {or as a consequence of}: 308. Was an AuIopsy P- d. 3Ob.WereAulopsyFindings Available Prior 10 Completion of Cause of Death? 32d. Tll1le of Injury 32g. Location of Injury (Street city I town, state) !Z @ !!l ~ t 321. II Transportation Injury (Specify) o DrNerlo"e_ Dpassenge< OPedes1riao M. OO~..~_ 330. eemoe. (_ ~ ..e) 330. aod '" Cer1lfylng physIofan (PhyOdan ceotitymg..... of _ -.._ phyJiOan has pronouoced death ,,'" completed 110m 231 ~ / T........ofmy_- _due"'" ClUM(s)..........."..t.1ed.. _ nn_ _ _ n__n _ _ _ __n _ _ - --- _n_ - 0 / () ==~=~::'~;:"~....dea:.~.:'Z..'tIo'::~=~".la1ed..___ _ _ _ __n_ _ _ __n 0 330. L<eose N",.,., __IConIne< January 18, 2007 On !tie bnIs 01 eumfn8t1on ,net 1 or InvesttgItion,ln my optnlon, dnItl accurred It the Urne. dIte,lnd place, '00 due to the cause(s) and manner as statecL ~ 34. Name and Address of Person Who Completed Cause of Death litem 27} I Print tdt. A Todd C. Eckenrode, Chief Deputy Coroner : . s aodOlslrlC1Num"'" I-Plq' Il IOU 1 36J"A1'4I1';7' 6375 Basehore Road, Suite ill . .+. . _' . Mechanic u FA 170 0 No_._ D._''''^ / JIb. ('j /0 Sl_ 'J Chief Deputy LAST WILL AND TESTAMENT OF JANICE M. MARSH I, JANICE M. MARSH, now domiciled in Cumberland County, Pennsylvania, declare this to be my Last Will and Testament. I revoke all other wills and codicils that I may have previously made. Article I () ~~ I ~~j i -r- ~'T< ,'e.", r~--:} c.:;:} --.l ?J I 01 _I ~,) () :t'"' My just debts and expenses of my last illness, funeral, and administration of~yjestat&:ghall .~. ~~ Cf? 1 I --1 . be paid by my Executor from the principal of my residuary estate as soon as practicable a~ my death. Article II All inheritance, estate, and succession taxes (including interest and penalties thereon, but not including any generation skipping tax) payable by reason of my death shall be paid out of and be charged generally against the principal of my residuary estate without reimbursement from any person. This provision is not a waiver of any right which my Executor has to claim reimbursement for any such taxes which become payable as the result of any property over which I have the power of appointment. - 1 - Article III I give, devise and bequeath in accordance with any memorandum which I have either handwritten or signed, located with my will or with my valuable papers and found within 30 days of the probate of my will. Gifts may only be to persons who survive me or to organizations which exist at my death, and if there is a conflict, the memorandum having the latest date shall govern. Article IV I give and bequeath ONE THOUSAND DOLLARS ($1,000.00) to each of my following grandchildren, outright and not to be held in trust: MEGAN HEATHER MARSH, of Oak Ridge, North Carolina, SETH KIRKE MARSH, of Trenton, New Jersey, JENNlFERL YNN MARSH, of Sydney, British Columbia Canada, CAROLYN MARIE MARSH, of Sydney, British Columbia Canada, and DOUGLAS WESLEY MARSH, of Oak Ridge, North Carolina. Article V All the rest, residue and remainder of my estate, of whatsoever nature and wheresoever situate, I give, devise and bequeath IN EQUAL SHARES to my children: KENNETH H. MARSH, of Sydney, British Columbia Canada, DAVID W. MARSH, of Cumberland County, Pennsylvania, and ALAN T. MARSH, of Oak Ridge, North Carolina. If any of my beneficiaries predecease me or fail to survive me by thirty (30) days, I give, devise and bequeath his or her share to his or her issue who survive me, per stirpes, or ifhe or she has no issue, the share(s) are to be added equally to the other shares. - 2 - Article VI Ifa beneficiary under this Will has not attained the age of twenty- five (25) years, the share of the beneficiary shall be placed in a separate trust, for the benefit ofthat beneficiary according to the terms in Article VIT. Article VIT In the event that a Trust is created by or as a result of any part of this Will, the terms and conditions of the Trust shall be as follows: A. To expend and apply so much ofthe net income and so much ofthe principal of the Trust as the Trustee shall consider advisable for the support, health, care and education (including college, trade school, or other similar training or education) ofthe child until the child attains the age of twenty-five (25) years. B. Upon attaining the age of twenty-five (25), the remaining principal and accumulated income of the child's share shall be distributed outright to the child. C. If any beneficiary dies before the complete termination of his or her trust, the Trustee shall divide any remaining trust property into shares for the beneficiary's issue then living, per stirpes, or if none, for my issue then living, per stirpes, subject to being held in continued trust in accordance with the provisions of this Article VIT. D. No beneficiary or remainderman of this Trust shall have any right to alienate, encumber, or hypothecate his or her interest in the principal or income of the Trust in any manner, nor shall any interest be subject to claims of his or her creditors or liable to attachment, execution, or other processes oflaw. - 3 - Article VIll I hereby appoint my son, DAVID W. MARSH as Trustee of any Trust(s) created in this Will. In the event of the renunciation, death, resignation, or inability to act, for any reason whatsoever of DAVID W. MARSH, I nominate and appoint my son, KENNETH H. MARSH, as Successor Trustee of any Trust( s) created in this Will. Article IX In order to carry out the purposes of the Trust(s) established by this Will, the Trustee, in addition to all other powers granted by this Will or by law, shall have the following powers over the Trust estate, subject to any limitations specified elsewhere in this Will: (a) to retain in the form received and/or to sell either at public or private sale, any real estate or personal property except that which I specifically bequeath herein, (b) to manage real estate, (c) to invest and reinvest in all forms of property without being confined to legal investments, and without regard to the principal of diversification, (d) to exercise any option or right arising from the ownership of investments, (e) to compromise claims without court approval and without consent of any beneficiary, (f) to file fiduciary/income tax returns and pay the tax due for any year for which such a return is required, (g) to make distributions in cash or in kind, or in both, and to determine the value of any such property, -4- (h) to employ any attorney, investment advisor, or other agent deemed necessary by my Executor; and to pay from my estate reasonable compensation for all their services, (i) to conduct along with or with others, any business in which I am engaged in or have an interest in at the time of my death, and (j) to receive reasonable compensation in accordance with their standard schedule of fees in effect while their services are performed. Article X I nominate, constitute, and appoint my son, DAVID W. MARSH as Executor of my Last Will and Testament. In the event of the renunciation, death, or inability to act, for any reason whatsoever of my Executor, I nominate, constitute and appoint my sons, KENNETH H. MARSH and ALAN T. MARSH as successor Co-Executors of my Last Will and Testament. I direct that my Executor or successor Co-Executors be permitted to serve without bond and in addition to those powers granted by law, I grant them power to distribute in cash or in kind in like or in unlike shares and to file any qualified disclaimer I could have filed if living. My Executor or successor Co- Executors shall receive reasonable compensation for services rendered to my estate. Article XI In addition to the powers conferred by law, I authorize my Executor and successor Co- Executors, in his absolute discretion: (a) to retain in the form received and to sell either at public or private sale, any real estate or personal property except that which I specifically bequeath herein, (b) to manage real estate, - 5 - (c) to invest and reinvest in all forms of property without being confined to legal investments, and without regard to the principal of diversification, (d) to exercise any option or right arising from the ownership of investments, (e) to compromise claims without court approval and without consent of any beneficiary, (f) to file any federal income tax return for any year for which I have not filed such return prior to my death, (g) to make distributions in cash or in kind, or in both, and to determine the value of any such property, (h) to employ any attorney, investment advisor, or other agent deemed necessary by my Executor; and to pay from my estate reasonable compensation for all their services, (i) to conduct alone or with others, any business in which I am engaged in, or have an interest in at time of my death, and (j) to receive reasonable compensation in accordance with their standard schedule of fees in effect while their services are performed. IN WITNESS WHEREOF, I, JANICE M. MARSH, hereby set my hand to this my Last Will and Testament, on ~. \ L:J 2006. ~'M.,?~ ICE M. MARSH In our presence, the above-named JANICE M. MARSH signed this and declared this to be her Last Will and Testament and now at her request, in her presence, and in the presence of each other, we sign as witnesses. ~~~~ Address 845 Sir Thomas Court. Suite 12. Harrisburg, P A 17109 845 Sir Thomas Court. Suite 12. Harrisburg. PA 17109 -6- I, JANICE M. MARSH, Testatrix, who signed the foregoing instrument, having been duly qualified according to law, acknowledge that I signed and executed this instrument as my Will, and that I signed it willingly as my free and voluntary act for the purposes therein expressed. Sworn to or affirmed and acknowledged before me by JANICE M. MARSH, the Testatrix on ~, ~~ 2006. -i.~h.'h1I/1/wP , ICE M. MARSH COMMonEAll1l OF PEJlNSYlVAIIA NOTARIAL SEAL JACQUEUftE A. KELL'( fIOI'ARY PUBlIC lOWER PAXTON TWP., DAUPHIN COIJN1Y MY COMMISSION EXPIRES DEc.n, 2007 We, the undersigned witnesses who signed the foregoing instrument, being duly qualified according to law, depose and say that we were present and saw the Testatrix sign and execute this instrument as her Will; that she signed and executed it willingly as her free and voluntary act for the purposes therein expressed; that each of us in her sight and hearing signed the Will as witnesses, and that to the best of our knowledge, that she was at that time eighteen (18) years or more of age, of sound mind, and under no constraint or undue influence. Sworn to or affirmed and subscribed to before me by T8V\ L~ and . Rlulo..1C 1 I , witnesses, on cg - \. ~ ,2006. ~~ ~~ O.1())~ ot ublic COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL JACQUELINE A. KELL'( NOTARY PUBUC lOWER PAXTON TWP., DAUPHIN COUNtY MY COMMISSION EXPIRES DEe. 17, 2007 - 7 -