HomeMy WebLinkAbout09-27-07
PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND
COUNTY, PENNSYLVANIA
Estate of A VROM BAIL YNSON
also known as
File Number
c{J/-r?()01- 1J/
, Deceased
Social Security Number 062-26-3366
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE 'A' or 'B' BELOW:)
IZI A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is / are the Executor
last Will of the Decedent dated August 7, 2006 and codicil(s) dated none
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, 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
Relationshi
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(COMPLETE IN ALL CASES:) Attach additional sheets ifnecessary. C ..
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County, Pennsylvania with his / her last principa~1'J::siilence at
Decedent was domiciled at death in Cumberland
1100 Grandon W av. Mechanicsburg. P A 17050
(List street address, town/city, township, county, state, zip code)
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Decedent, then 74
years of age, died on June 9. 2007
at Claremont Nursing & Rehab
Decedent at death owned property with estimated values as follows:
(If domiciled in P A) All personal property
(Ifnot domiciled in PA) Personal property in Pennsylvania
(If not domiciled in P A) Personal property in County
Value of real estate in Pennsylvania
$
$
$
$
5,000.00
situated as follows:
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 d or rinted name and residence
Eugene Baily, 34 Melrose Place, Montclair, New Jersey 07042
Form RW-02 rev. 10.13.06
Page 10f2
Oath of Personal Representative
COMMONWEALTH OF PENNSYL VANIA
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 repres~tive(s) ofthe Decedent, Petitioner(s) will wen and truly
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administer the estate according to law. //'
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Sworn to or affirmed and subscribed
before me the d ~ day of
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C/ For the Rewster
DORIS LAWTON GUY
PROBATE CLERK. SURROGATE'S COURT
Signature of Personal Representative
Signature of Personal Representative
Signature of Personal Representative
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File Number:
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Social Security Number: 062-26-3366
Date of Death: 06/09/2007
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, DeceaSe'{tO
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Estate of A VROM BAIL YNSON
AND NOW,
having been presented before me,
are hereby granted to Eugene Bai1v
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{)J)07 , in consideration of the foregoing Petition, satisfactory proof
ECREED that Letters Administration
in the above estate
and that the instrument(s) dated Au~st 7, 2006
described in the Petition be admitted to probate and filed of record as the last Wi11 (and Codici1(s)) of Decedent.
L'.e<s......FE.ES $ 30.00 ~dR- (~{!-i~w~{~per9J ~
Short Certificate(s) . . . . . . . . $ 8.00 Attorney Signature:
Renunciation(s) .......... $
Will . . . $
JCP ... $
Automation . . . $
Commission to take oath . . . $
.. . $
... $
.. . $
...$
.. . $
TOTAL.. .. .. .... ... . $
15.00
10.00
5.00
20.00
Attorney Name:
Robert P. Grubb, Esq.
Supreme Court J.D. No.: 76057
Address:
Metzger, Wickersham, Knauss & Erb, P.C.
P.O. Box 5300
Harrisburg, PA 17110-0300
Telephone:
(717) 238-8187
88.00
Form RW-02 rev. 10.13.06
Page 2 of2
H105.R05 REV (01/071
;2/-07-73/
LOCAL REGISTRAR'S CERTIFICATION OF DEA~TH
WARNING: It is illegal to duplicate this copy by photostat or photograpll.
Fee for this certificate, $6.00
P 13698027
Certification Number
_____..____.________u._,_____._m______~_u__..._...m'.___..__......-..
_._--~-----------,~--,-~_._-~~._.._~_.,-----'-_._~...~--------
_..,^.___.__.~____.____._._._..__~_._.._._____..__.m'.___.._,._~ .......~__...._".___."__.._.~_.___,,__..,__.'u_
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.
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. Local gistrar
(p / t~ /67
Date Issued
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H105-143 REV 1112006
TYPE I PRINT IN
PE_NT
BlACl< INK
COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS
CERTIFICATE OF DEATH
(See instructions and examples on reverse)
STATE FILE NUMBER
1. Name of Decedent (FiB!, middle. laSt, suffix)
Avrom Ballynson
S./qi (LasI_VI
74
6.OaleolBOnhl\lonlll.dav.) 7.1li1hpIa<e( and_or
August 19,1932
VIS.
ac~d{e~:-;Townshlp 8dFdyNamelllci:~~iN:r:i~9 & Rehab
12. Was Decedent ell'&!' in the
U.S. Armed Forces?
~V.. DNo
OecedenI'S
Acluat Residence 17a_ Slate
11. OecedentsUsual
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moslol
~Ie. 00 not slate felired
RiUttrManager
K"'oI~lft
. 16 Oec:lJ'lI'ljcM'lrnCllfnw.y' -, z~_1
Mechanlcsburg, PA 1'lO50
17b. CountV
19. MoIhef's Name (First, mIdde, maiden pname)
3366 4. DaI. 01 00aIh lMonlh. da,v.1oorl
.June 9, 2007
Olho<
14. Marita6 Salus: Manied, Nevef Married,
-'Wid~=
Dld_
Uveina
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Top.
17c.(l) Yes, Deceder'i LNed in
17d,D No._Uvod_
A<NaI u. d
City 1-
18. Falhif's Name (F.sl, midlIe, last, Sunil)
Harry Ballynson
Howard M. Ballynson
Jennie Rosette
,.."nIormanr._.......ISlr~'m'l'yjil~ Way Harrisburg, PA 17112
208. Informant's Name (Type I Print) . .-p
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. Approximate f\lelV1lI:
I QnseIIo Death
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,
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21a. Method of Disposition
21,. Ploco d ~ (Named COIIIIfIOIV. cremolorY" """ place)
King Solomon Cemetery
21d.LocaIion(CIy/_.....'z;p-1
Clifton, NJ 070 14
220. Nome and -... d F"""Ollbert L. Dalley Funeral Home 850 South 28th St Herrtsburg, P A 17103
..... ".26 must be completod by porsan
whoprooouncell death.
=,~~=)disea~
8. c..lA~~ o\:t~N~ ~
Due !o (Of as a consequence ol)
~isc'a~o::'~r:za.
Enter tie UNDERLYING CAUSE
~e::~~~N1r:a~'r.e
b.
Doe 10 (or as a consequence of):
Due to (or as a consequence 01)
31, Manner of Death
0'Na,.... 0 H_
0- Dpendiogln,..,;gatioo
Ds~ DC~Nolbe~~
3Oa. was an AuICJPSV
Pertormed?
n. Wefe Autopsy Flldings
Avai1able Pfiof to CompIelion
01 Cause of Death?
32d. TlIlle01 Iflju'Y
o Yes Ii' No
DVes ON.
M.
33a. <0..-1"""" only onal
Certttytng phySk:iIn (Phy$idan certifying cause of death when anothef physician has pl"onounced death BOd completed Item 231
TolhebHIolmy knowtedgI.dNthocc:urrecI due lolhe cause(s)and rnaMelass&ated.. _ _.................... _.......... -.......................... 0
pronouncing If1d ~ physician (Physician both pror'lClU'lClng death and certifying 10 cause 01 death)
To .. bnI 01., knoWtedIt. dPth occurred at the time. date, and place. and due 10 the CM.Ise(s~ and fl'IInnef" slalecL .. - .. .. - - -.. - .. .. .. .. .. .. .. ..
:=::- ::.m;:rl~~;= and I Of investigation. WI my opinion, death occurred at the lime, dale, and pIIce, and due to ttIe ClUM{s) Md mIf'IneI''' slated.. 0
; ~1 ().s.
Disposihon PermIt No
Part II: EnSef oIher ~ MNilions t.lYltrihulioo to death 28. Did TobICCO Use ConImute 10 Death?
butnol_;nllMl~C8USII_;nP"'1. 0 VOS D-
ONe 0-
29. II FemeIe:
o NoIP<-'_pastVea,
o l'reiJl"'a1limeolde'~
o Not p<agnant, but p.ognantwU';n'2 days
d_
O Not pJegnaIll,bt.<<pI'e(J\8lll43daYSto 1 yeaf
before death
D_dpoognanl-llMIpastV""
32c. Place ollnjufy: Home, Fann. &reel, Factory,
DlficoIluildlng.olc.(Speci/y)
32g. LocationollfljulY (Street, city I town, stale)
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LAST WILL AND TESTAMENT
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AVROMBAlLYNSON
I, A VROM BAIL YNSON, of 1100 Grandon Way, Apartment 403, Mechanicsburg,
Cumberland County, Pennsylvania, revoke any prior Wills and Codicils and declare this to be my
Will.
ITEM 1.
(a)
I give my household and personal effects and other tangible
personalty, together with any existing insurance thereon, to my son HOWARD MICHAEL
BAILYNSON, subject to the survival provisions of this Will.
(b) I give the sum of One Dollar ($1) only to my son KENNETH IRA
BAIL YNSON. Ifhe does not survive me, this gift shall lapse.
(c) I give my real estate at 4 Larkspur Drive, Parsippany, New Jersey
07054, Morris County, Block 00698.4, Lot 00002, Tax Map Page M247, together with any
insurance thereon, to my son HOWARD MICHAEL BAIL YNSON, subject to the survival
provisions of this Will.
ITEM 2.
I give all the rest, residue, and remainder of my estate to my son HOWARD
MICHAEL BAIL YNSON, subject to the survival provisions of this Will.
ITEM 3.
If my son HOWARD MICHAEL BAIL YNSON does not survive me, I give
the items which would have been his pursuant to this Will to his wife, ifhe is married at the time of
my death and ifhis wife survives me. Ifneither HOWARD MICHAEL BAIL YNSON nor his wife
359991-1
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survives me, I give the items which would have been his pursuant to this Will to my nephew
EUGENE BAILY.
ITEM 4. I direct that all my just debts not barred by the statute oflimitations and the
expenses of my last illness and disposition of my remains shall be paid from my residuary estate as
soon as practicable after my death and as part of the expense of the administration of my estate.
ITEM 5. In addition to the powers conferred by the common law, by statute, or by any
other provisions hereby, my Personal Representative is hereby empowered as follows:
(a) To sell at public or private sale, to exchange, to lease, to sublease, to
partition, to subdivide, to pledge, to mortgage, to transfer, to convert, or otherwise dispose
of, or grant options with respect to, any and all property, real, personal, or mixed, at any
time forming a part of my probate or trust estates, in such manner, at such time or times, for
such purposes, for such price or prices, and upon such terms, credits, and conditions as shall
be deemed advisable or necessary under the circumstances;
(b) To make distribution in division of the probate estate in cash, in
kind, or partly in both;
(c) To compromise any claim or controversy;
(d) To apportion between principal and income any receipts and
disbursements and to ascertain income and principal in accordance with the statutes and
rules of law of the Commonwealth of Pennsylvania;
(e) To make, execute, acknowledge, and deliver any and all instruments
which may be deemed advisable or necessary to carry out any of the powers herein granted
or provided by law;
35999/-/
(f) To invest and reinvest the principal of the estate together with any
accumulated income thereon in all forms of property without being limited by any statute or
rule of law concerning investments by fiduciaries;
(g) To disclaim inheritances and interests in property
(h) To abandon, settle, compromise, extend, renew, modify, release,
adjust or submit to arbitration in whole or in part and without the order of decree of any
court any and all claims, whether such claims shall increase or decrease the assets held
hereunder; and
(i) To decide with absolute discretion whether executor's commission,
attorney's fees and other administration expenses in my estate shall be taken as estate tax or
income tax deductions, and the determination in this respect shall be final and conclusive
upon all persons interested hereunder, whether or not the amount of their respective interest
or shares are hereby affected; provided, however, that adjustments between principal and
income may in the exercise of absolute discretion, be made if deemed advisable, and to
determine the date upon which to value my estate for estate tax purposes.
ITEM 6.
No bond shall be required of my Personal Representative, but ifbond is
nevertheless required, it shall be without surety.
ITEM 7. I appoint my nephew EUGENE BAILY, currentlyof34 Melrose Place,
Montclair, New Jersey 07042, Executor. Ifhe fails to qualify or ceases to act, I appoint my brother-
in-law EDWIN FULD, currently of 153-28 80th Street, Howard Beach, New York 11414, Executor.
359991-1
ITEM 8.
For the convenience of my Executors, I note that this Will has been prepared
by Jered L. Hock, Esquire, and the law firm of Metzger, Wickersham, Knauss & Erb, P.C.
Executed on Av (,- -r
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, 2006.
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~vromBailynSO~ ~~
Signed, sealed, published and declared by the above named Testator, A VROM
BAIL YNSON, as and for his Last Will and Testament, in the presence of us, who, at his request, in
his sight and presence, andk the sight and PIesence of each other, have hereunto subscribed our
names as . tnesses this ? day of /fVL!!;"'- ~t- , 2006.
-
Address
359991-1
Commonwealth of Pennsylvania
ss.
County of Do.u.ph~f'\
On t\U3'1'<;' t ID J 200 h , before me, the undersigned officer, personally
appeared J ered L. Hock, Esquire (Pennsylvania Supreme Court ill No. 19211), known to me or
satisfactorily proven to be a member of the bar of the highest court of Pennsylvania and certified
that he was personally present and saw A VROM BAIL YNSON, the Testator, sign and execute
the instrument as his Last Will and Testament; that he signed willingly and that he executed it as
his free and voluntary act for the purposes therein expressed; and that to the best of his
knowledge the Testator was at that time eighteen years of age or older, of sound mind and under
no constraints or undue influence and certified further that he was personally present and saw the
witnesses thereto sign the same instrument in the presence and sight ofthe Testator.
Jered L. Hock, Esquire, further testifies that he was present when Kelly Daisley and Leisa
Mendenhall witnessed the Testator execute the Will and when they, in his presence and in the
presence and sight of each other, thereunto subscribed their names as witnesses.
IN WITNESS HEREOF, I hereunto set me hand and official seal.
a ~ ~.0lJL
NO~ Public
Notarial Seal
.Angela M.. Miller, Notary Public
City of Ramsburg, Dauphin County
My Commission Expires Oct. 15, 2006
359991-1
One Courthouse Square
Carlisle, PA 17013
Marjorie A. Wevodau
First Deputy
Glenda Farner Strasbaugh
Register of Wills &
Clerk of the Orphans' Court
Kirk S. Sohonage, Esquire
Solicitor
Wanda S. Zeigler
Second Deputy
OFFICES OF
(717) 240-6345
FAJ<(717)240-7797
1-888-697-0371 x 6345
l\egister of Wills aub <!Clerk of tbe <!f)rpbaus' <!Court
Qtountp of QI:umberIanb
August 3, 2007
Honorable Joseph P. Brennan, Jr.
Essex County Surrogates Office
469 Dr. Martin Luther King, Jr. Boulevard
Hall of Records Room 206
Newark NJ 07102
IN RE: Estate of Avrom Bailynson, deceased
Estate No. 21-2007-0731
Your Honor:
Enclosed please find a Commission to Take Oath, Petition for Probate and Grant
of Letters and Oath of Personal Representative.
If you would please advise Eugene Baily, when he may appear before the Probate
Court to execute the oath, it would be appreciated. Eugene Baily's telephone number is
973-783-1233.
Enclosed you will find an envelope for the return of the Petition and Oath. If you
have any questions or concerns, please feel free to call.
Respectfull y,
~~
Register of Wills and Clerk of the Orphans' Court
Enclosures
Register of Wills of Cumberland County
State of Pennsylvania
SS:
County of Cumberland
BE IT REMEMBERED, that I, Glenda Farner Strasbaugh, Register of Wills of
Cumberland County, Pennsylvania, do hereby commission you, Joseph P. Brennan, Jr.,
Surrogate of Essex County, or one of your deputies, to administer the Oath of Personal
Representative in the Estate of Avrom Bailynson, late of Hampden Township,
Cumberland County, Pennsylvania pursuant to Section 3154 of the Probate Estates and
Fiduciaries Code, 20 Pa.C.S.A.3154.
IN TESTIMONY WHEREOF, I have here unto set my hand and affixed my seal
the day of ,2007.
Glenda Farner Strasbaugh
Register of Wills
Cumberland County
August 3, 2007
RE:
Estate of A vrom Bailvnson (deceased)
SINCE 1888
3211 North Front Street
p.o. Box 5300
Harrisburg, PA 17110-0300
717-238-8187
Fax:717-2~9478
Cumberland County Register of Wills
1 Courthouse Square
Carlisle, P A 17013
Other Offices
Dear Register of Wills: Lancaster Mechanicsburg
717-431-0138 717-691-5577
Shippensburg York
I have attached with this letter a Probate Petition, original Will, original Death Certifiaaf63BHhan 717-843-0502
Estate Information Sheet for the above referenced decedent. Please note that the Executor n_5~;;~
in the Will is a resident of Essex County, New Jersey and would like to take his oath at the Essex
County Surrogates Office. The Probate Petition fees reflect the additional cost required to do so.
Contact Information for the Essex County Surrogates Office is as follows: p n /,,, /1 (v"\ 0"\ \ _,
Essex County Surrogates Office \\~ose.ph r:), c..I f' IJ,AJ' -Jf.
469 Dr. Martin Luther King, Jr. Boulevard
Hall of Records Room 206
Newark, NJ 07102
Tel: 973-621-4900
Fax: 973-621-2654
Contact information for the Executor is as follows:
Eugene Baily
34 Melrose Place
Montclair, NJ 07042
Tel: 973-783-1233
Should you have any questions or need any additional information please feel free to call my
office at the above phone number. Thank you for your prompt attention to this matter.
Sincerely,
METZ ER, WICKERSHAM, KNAUSS & ERB, P.C.
380905-1
James F. Carl
Edward E. Knauss, IV"
Clark DeVeret
Francis J. Lafferty, IV
Andrew W. Norfleet
Robert P. Grubb
OfCoururel .
" Board Certified in civil .
trial law and advocacy
by the National Board
of Trial Advocacy t