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.)
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Name
Relationship
Residence
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(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.
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Fee for this certificate, $6.00
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13021827
JAN 1 9 2007
Date
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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)
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88
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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
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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
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My just debts and expenses of my last illness, funeral, and administration of~yjestat&:ghall
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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.
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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.
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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.
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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,
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(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,
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(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
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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.
~~
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ot ublic
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
JACQUELINE A. KELL'( NOTARY PUBUC
lOWER PAXTON TWP., DAUPHIN COUNtY
MY COMMISSION EXPIRES DEe. 17, 2007
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