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HomeMy WebLinkAbout11-05-07 PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF Cumberland COUNTY, PENNSYLVANIA Estate of Scott Rowen Ball File Number 6) \ lY, I coO also known as , Deceased Social Security Number 263 - 4 7 - 3222 Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE 'A' or'8' BELOW:) Ii] A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is / are the last Will of the Decedent dated and codicil(s) dated T .es 1 j e R Rail named in the (State relevant circumstances, e.g., renunciation, death o( executor, etc.) Except as follows, Decedent did not marry, was not divorced, and did not have a child bom or adopted atter execution of the instrument(s) otlered for probate, was not the victim ofa killing and was never adjudicated an incapacitated person: o B. Grant of Letters of Administration (I(applicable, enter: c.I.a.; d.b.n.c.t.a.; pendente lite; durante absentia: durante minoritate) Petitioner(s) after a proper search has I have ascertained that Decedent left no Will and was survived by the tollowing spouse (if any) and heirs: (ff Administration, c.t.a. or d.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.) Name Relationship Res idence (COMPLETE IN ALL CASES:) Attach additional sheets ifnecessary. Decedent was domiciled at death in 21 Valley Street, Carlisle, (List street address, townlcity, township, county, state, zip code) County, Pennsylvania with his I her last principal residence at PQnnsylviilnia 17013-31111 Decedent, then years of age, died on at Decedent at death owned property with estimated values as follows: (If domiciled in PAl All personal property (If not domiciled in P A) Personal property in Pennsylvania (If not domiciled in PAl Personal property in County Value of real estate in Pennsylvania $ It>, 000 $ $ $ situated as follows: Wherefore, Petitioner(s) respectfully request(s) the probate ofthe last Will and Codici](s) presented with this Petition and the grant of Letters in the appropriate form to the undersigned: Si nature T ed or rinted name and residence 4~ cJ../ Va /Ie . jJ Gr/I5 It: jJ/l 17tJ/3 Form RW-02 rev. 10.13.06 RECORDED OFFICE OF REGISTER OF WILLS 2007 NOV 5 PM 3:31 CLERK OF ORPHANS' COURT CmvffiERLAND CO" PA Page 1 of2 Oath of Personal Representative COMMONWEAL TH 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 of Petitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(s) will well and truly administer the estate according to law. Sworn to or affirmed and subscribed - ;dd( before me the.5 day of c~bu din, ~, Signature of Personal Representative Signature of Personal Representative File Number: cJ 1 6., I 000 Estate of Scott Rowen Ball , Deceased Social Security Number: ? h 1- 4 7 -1??? Date of Death: AND NOW, A.Jo ()-(Jfl fuA 6- , ,;r'(fl_, in consi having been presented before me, IT IS DECREED that Letters are hereby granted to Les lie R Ball in the above estate FEES Letters ....1 ~I 9P.P . . . . . $ Short Certificate(s) . . .s. .. $ Renunciation(s) .......... $ (pill ... $ jet> ... $ Pu.t0 ... $ . .. $ . . . $ . .. $ ... $ . . . $ . . . $ TOTAL ............ . . $ % ~6 Attorney Signature: IS /0 S"" Attorney Name: Lip:ht:man, F.!=;qll;re Supreme Court I.D. No.: Address: 10082 2705 North Front Street Harrisbur~r PA 17110 Telephone: 717 23/1 0111 9SC'O ~ RECORDED OFFICE OF REGISTER OF WILLS 2007 NOV 5 PM 3:31 CLERK OF ORPHANS' COURT CUMBERLAND CO., PA Page 2 of2 FormRW-02 rev. 10.13.06 dlOilOoO NAME OF DECEASED (Last, First, Middla) Nom du decede (Nom et prenoms) CERTIFICATE OF DEATH (OVERSEAS) Acte de deces (D'Outre-Mer) GRADE Grade BRANCH OF SERVICE Arme SOCIAL SECURITY NUMBER Numero de I'Assurance Social Ball, Scott,Rowen E08 Army NG 263-4 7 ~3222 ORGANIZATION Organisation NATION (e.g, United States) Pays United States DATE OF BIRTH SEX Saxe Date de naissance ~5 February 1969 [K] MALE HHC, 55th Brigade, Forward 2, Scranton, PA o FEMALE RACE Race MARITAL STATUS EtatCivil RELIGION Culte X CAUCASOID Caucasique SINGLE Celibataire DIVORCED Divorce PROTESTANT Protestant OTHER (Specify) Autre (Specifier) NEGROID Negriode X MARRIED Marie SEPARATED Separe CATHOLIC Catholique x Methodist Churches OTHER (Specify) Autre (Specifier) NAME OF NEXT OF KIN WIDOWED Veuf JEWISH Juif Nom du plus proche parent RELATIONSHIP TO DECEASED Wife CITY OR TOWN OR STATE (Include ZIP Code) Carlisle, PA17013-3141 Parente du decilde avec Ie sus Mrs. Leslie R. Ball STREET ADDRESS Domicile a (Rue) 21 Valley Street Ville (Code postal compris) MEDICAL STATEMENT Declaration medlcale CAUSE OF DEATH (Enter only one cause per line) Causedu deces (N'indiquer qu'une cause par Iigne) INTERVAL BETWEEN ONSET AND DEATH Intervalle entre l'attaque et Ie deces 1 DISEASE OR CONDITON DIRECTLY LEADING TO DEATH 1 Maladie ou condition directement responsable de la mort. Ballistic fragmemtation injuries Seconds ANTECEDENT CAUSES MORBID CONDITION, IF ANY, LEADING TO PRIMARY CAUSE Condition morbide, s'i1 y a lieu. menant a la cause prima ire MODE OF DEATH Condition de deces AUTOPSY PERFORMED MAJOR FINDINGS OF AUTOPSY Autopsie effectuee [iJ YES Oui o NO Non RECORDED OFFICE OF REGISTER OF WILLS 2007 NOV 5 PM 3:31 CLERK OF ORPHANS' COURT CU},ffiERLAND CO., PA I CIRCUMSTANCES SURROUNDING DEATH DUE TO EXTERNAL CAUSES Circonstances de la mort suscitees par des causes exterieures - Symptomes precurseurs de la mort. UNDERLYING CAUSE, IF ANY, GIVING RiSE TO PRIMARY CAUSE Condition mOrbide, s'il y a lieu. men ant a la cause primaire 2 OTHER SIGNIFICANT CONDITIONS 2 Autres conditions significatives - Conclusions principales de I'autopsie NATURAL Mort naturelle ACCIDENT Mort accidenteUe x NAME OF PATHOLOGIST Nom dupathologiste TimottJy. . " COR, MC, USN SIGN~srnature l..--- ~ / b(---] DATE OF DEATH (riay, month, year) '''-l PLACE OF DEATH Lieu de deces Date de deces (Ie jour, Ie mois, I'ann,{e) 27 August 2007 1255 I HAVE VIEWED THE REMAINS OF THE DECEASED AND DEATH OCCURRED AT THE TIME INDICATED AND FROM THE CAUSES AS STATED ABOVE. J'ai examine les restes mortels du de funtet je co.,clus que Ie decDs est survenu a I'heure inriiquee at a, la suite des causes enumerees ci-dessus. NAME OF MEDICAL OFFICER Nom du rnedlc:!n mililaire ou du rrllldlcin sanitaire I TITLE OR DEGR. EE Titre au diplome Timothy D. Monaghan Deputy Medical Examiner GRADE Grade INSTALLATION OR ADDRESS Installation ou adresse HOMICIDE Homicide I DATE Date 29 August 2007 ~VIATION ACCIDENT Accident a Avion DYES Oui [ilNO Non SUICIDE Suicide FOB Naray Afghanistan COR Dover AFB, Dover DE SIGNATURE .-::;:>\) ~ - I '}7 2 ~::: ~se:~~~~~:;O:::'Ih~:: ::':" '::~'t~~:J:'::: :~:..cn .;~.:';~.::~.re, oct. ~ Pr8cl18r Ie noture de Ie moledle, de ~ ~o..ure au de,le compUceUcn qui 0 con!rlbuo 010 molt mels non 10 manlilre de maurir, _ qu 'un 011l!1 du cosur, ole 'II DATE Date 10/10/2007 DD1~~~~7 2064 REPLACES DA FORM 3565, 1 JAN 72 AND DA FDRM 3565-R(PAS), 26 SEP 75. WHICH ARE OBSOLETE. (REMOVE, REVERSE AND RE-INSERT CARBONS BEFORE COMPLETING THIS SIDE) DISPOSITON OF REMAINS l;KAUI= ulnr::t< Christooher Schulze GS11 K10000539 1 DE INSTALLATION OR ADDRESS DATE 'G~,"~ CD Y 436 SVC/SVD 116 26th Street, Dover AFB DE 19902 10/10/2007 NAME OF CEMETERY OR CREMATORY LOCATION OF CEMETERY OR CREMATORY TYPE OF DISPOSTION DATE OF DISPOSTION REGISTRATION OF VITAL STATISTICS REGISTRY (Town and Country) DATE REGISTERED FILE NUMBER STATE OTHER NAME OF FUNERAL DIRECTOR ADDRESS SIGNATURE OF AUTHORIZED INDIVIDUAL DD FORM 2064, APR 1977 (BACK) USAPA V1.00 LAST WILL AND TEST AMENT OF SCOTT ROWEN BALL Dated: August 30, 2006 Prepared by: JFHQ Office of the Staff Judge Advocate LTC Robert C. Spinelli, Esq. Building 7-1 Annville, P A 17003-5002 717-861-8635 ORDED OFFICE OF REC TEROFWlLLS REGIS 1 NOV 5 pM. 3:3 2007 nvoF CLE~'" RPl-L.;\NS' COURT o . D CO PA CUMBERLAN " LAST WILL AND TESTAMENT OF SCOTT ROWEN BALL I, Scott Rowen Ball, a resident of the Commonwealth of Pennsylvania, make, publish and declare this to be my Last Will and Testament, revoking all wills and codicils at any time heretofore made by me. I am in the military service of the United States. FIRST: I direct that the expenses of my last illness and funeral, the expenses of the administration of my estate, and all estate, inheritance and similar taxes payable with respect to property included in my estate, whether or not passing under this will, and any interest or penalties thereon, shall be paid out of my residuary estate, without apportionment and with no right of reimbursement from any recipient of any such property. SECOND: I give all of my right, title and interest in the real property which I occupy as my primary residence, namely the property known as 21 Valley Street, Carlisle, Pennsylvania 17013, or if I sell said property then all of my right, title and interest in the real property which I occupy as my primary residence at the time of my death, and all rights that I have under any related insurance policies, to my wife Leslie R. Ball, if she survives me. THIRD: I give all the rest, residue and remainder of my property and estate, both real and personal, of whatever kind and wherever located, that I own or to which I shall be in any manner entitled at the time of my death (collectively referred to as my "residuary estate"), as follows: (a) Ifmy wife Leslie R. Ball survives me, to my wife outright. (b) If my wife does not survive me, then to those of my children (Tyler R. Ball and Allie R. Ball and any other children which I hereafter may have) who survive me and to the issue who survive me of those of my children who shall not survive me, per stirpes. If, however, any such child then shall be under the age of eighteen (18) years (each such child being hereinafter referred to as a "Beneficiary"), the share of such Beneficiary shall not be paid or distributed to such Beneficiary but instead shall be given to my Trustee and held by my Trustee, IN TRUST, pursuant to the following provisions: (i) My Trustee shall hold, manage, invest and reinvest each share set aside for each Beneficiary in a separate trust for the benefit of such Beneficiary and may pay all or any part of the net income from each such trust to or for the benefit of the Beneficiary thereof, for the health, education, maintenance and support of the .~~ ~ Beneficiary, to such extent arid at such time or times and in such manner as may be determined in the absolute discretion of my Trustee. Any net income not so paid shall be accumulated and added to principal at least annually and thereafter shall be held, administered and disposed of as a part thereof. (ii) In addition, my Trustee may pay to or for the benefit of each Beneficiary, for the health, education, maintenance and support of each Beneficiary, from the principal of each Beneficiary's trust, such amounts, including the whole thereof, as determined in the absolute discretion of my Trustee. (iii) When any Beneficiary shall attain the age of eighteen (18) years, the trust for such Beneficiary shall terminate and any re- maining principal and income shall be paid and distributed to such Beneficiary, discharged of trust. If such Beneficiary dies before said age, such principal and income shall be paid and distributed to any then living issue of such Beneficiary, per stirpes, or if such Beneficiary has no issue to my then living issue, per stirpes. If any such issue is a beneficiary of a trust under this will, the same may be held in accordance with such trust. If there are no then living issue, the same shall be paid and distributed to the beneficiaries of my residuary estate then in being as provided in this will, or if there are none, to those who would take from me as if I were then to die without a will, unmarried and the absolute owner of the same, and a resident of the Commonwealth of Pennsylvania. (c) If my wife does not survive me and there shall be no issue of mine then living, I give my residuary estate to those who would take from me as if I were then to die without a will, unmarried and the absolute owner of my residuary estate, and a resident of the Commonwealth of Pennsylvania. FOURTH: If any principal or income of my estate or any trust hereunder vests in absolute ownership (free of trust hereunder) in a minor or incompetent, my Executor or Trustee, at any time and without court authorization, may: distribute the whole or any part of such property to the beneficiary; or use the whole or any part for the health, education, maintenance and support of the beneficiary; or distribute the whole or any part to a guardian, committee or other legal representative of the beneficiary, or to a custodian for the beneficiary (including a custodian appointed by my Executor or Trustee without court order) under any gifts to minors or transfers to minors act, or to the person or persons with whom the beneficiary resides. Evidence of any such distribution or the receipt therefor executed by the person to whom the distribution is made shall be a full discharge of my Executor and Trustee from any liability with respect thereto, even though my Executor or Trustee may be such person. If such beneficiary is a minor, my Executor or Trustee may defer the distribution of the whole or any part of such property until the beneficiary attains the age of eighteen (18) years, and may hold the same as a separate fund for the beneficiary with all of the powers described in Article SIXTH hereof. If the beneficiary dies ~ 2 before attaining said age, any balance shall be paid and distributed to the estate of the beneficiary. FIFTH: I appoint my wife Leslie R. Ball to be my Executor. If my wife does not survive me, or shall fail to qualify for any reason as my Executor, or having qualified shall die, resign or cease to act for any reason as my Executor, I appoint Pauline McAlister as my Executor. I appoint Pauline McAlister to be my Trustee. If Pauline McAlister shall fail to qualify for any reason as my Trustee, or having qualified shall die, resign or cease to act for any reason as my Trustee, I appoint Lisa McAlister as my Trustee. I direct that no Executor or Trustee shall be required to file or furnish any bond, surety or other security in any jurisdiction. SIXTH: I grant to my Executor and Trustee all powers conferred on executors and trustees under the Pennsylvania Probate, Estates and Fiduciaries Code, as amended, or any successor thereto, and all powers conferred upon executors and trustees wherever my Executor or Trustee may act. I also grant to my Executor and Trustee power to retain, sell at public or private sale, exchange, grant options on, invest and reinvest, and otherwise deal with any kind of property, real or personal, for cash or on credit; to borrow money and encumber or pledge any property to secure loans; to hold property in bearer form or in the name of a nominee; to render liquid my estate or any trust in whole or in part, at any time and from time to time, and to hold cash or readily marketable securities of little or no yield for such periods as my Executor or Trustee shall deem advisable; to exercise all powers of an absolute owner of property; to incorporate any business and form limited liability companies and hold any interests in corporations and limited liability companies; to vote stock or securities, in person or by proxy; to exercise subscription and conversion rights, and to participate or refuse to participate in any reorganization, recapitalization, merger, consolidation, liquidation, dissolution or other action with respect to any corporation; to transfer any business or property to a partnership and to be a general or limited partner; to compromise and release claims with or without consideration; to execute and deliver deeds and other instruments, including releases; to change the situs or governing law of any trust hereunder to any state my Executor or Trustee from time to time may deem desirable; and to employ attorneys, accountants and other persons for services or advice. The term "Executor" wherever used herein shall mean the executors, executor, executrix or administrator in office from time to time. The term "Trustee" wherever used herein shall mean the trustees or trustee in office from time to time. Each Executor and Trustee shall have the same rights, powers, duties, authority and privileges, whether or not discretionary, as if originally appointed hereunder. The determination of my Trustee as to the amount or advisability of any discretionary payment of income or principal from any trust hereunder shall be final and conclusive on all persons, whether or not then in being, having or claiming any interest in such trust. Upon making any such payment, my Trustee shall be released fully from all further liability therefor. SEVENTH: I direct that for purposes of this will a beneficiary shall be deemed to predecease me (or any other person upon whose death the interest of such beneficiary depends) unless such beneficiary survives me (or such other person) by more than thirty days. ,~~ 3 The terms "child," "children" and "issue" as used in this will include children and issue hereafter born. EIGHTH: No disposition, charge or encumbrance on any income or principal of any trust hereunder or my estate by any beneficiary thereof shall be valid or binding upon my Executor or Trustee. No beneficiary shall have the right to assign, transfer, pledge, encumber, anticipate or otherwise dispose of any such income or principal until the same shall be paid to such beneficiary by my Executor or Trustee. No such income or principal shall be subject in any manner to any claim of any voluntary or involuntary creditor of any beneficiary or liable to attachment, execution or other legal or equitable process prior to its actual receipt by the beneficiary. NINTH: If my wife shall not survive me or is adjudged to be incapacitated, I appoint Pauline McAlister to be the Guardian of the person and property of any children of mine who have not attained the age of majority. If Pauline McAlister shall fail or cease to act as Guardian of the person, I appoint Lisa McAlister as Guardian of the person. No Guardian of the person shall be required to file or furnish any bond, surety or other security in any jurisdiction. If my Trustee or any trust hereunder is the beneficiary of any life insurance policy, my Trustee shall be entitled to the insurance proceeds rather than the Guardian of the person. TENTH: I have served in the Armed Forces of the United States. I therefore request that my Executor make appropriate inquiries to ascertain whether there are any benefits to which I, my dependents or my heirs may be entitled by virtue of any military affiliation. I specifically request that my Executor consult with a retired affairs officer at the nearest military installation, the Department of Veterans Affairs, and the Social Security Administration. IN WITNESS WHEREOF, I, S tt Rowen Ball, sign my name and publish and declare this instrument as my last will and test Jnt this 30th day of August, 2006. 4 The foregoing instrument was signed, published and declared by Scott Rowen Ball, the above-named Testator, to be his last will and testament in our presence, all being present at the same time, and we, at his request and in his presence and in the presence of each other, have subscribed our names as witnesses on the date above written. -J1fv YC having an address at M fi-'I/I1NJ C >.~v.€.l- ? /I j ~ having an address at Wm~Al1'ttljJrl . (>A ~fl4 5 ACKNOWLEDGMENT AND AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA, COUNTY OF LEBANON, ss. We, the Testator and the witnesses, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testator, Scott Rowen Ball, signed and executed said instrument as his last will and testament in the presence and hearing of the witnesses, and that he had signed willingly, and that he executed it as his free and voluntary act and deed for the purposes therein expressed, and that each of the witnesses at the request of the Testator, in the presence and hearing of the Testator and each other, signed the will as witness, and that to the best of his or her knowledge the Testator was at the time at least eighteen years of age or emancipated, of sound mind and under no constraint, duress, fraud or undue influenc,;;? . . 4I/~~ .. Scott Rowen Ball -.-- Testator p~ 4J &~~~ Witness Subscribed, sworn to and acknowledged before me by the said Scott Rowen Ball, Testator, and subscribed and sworn to before me by the above-named witnesses, this 30th day of August, 2006. tilL /I .4~vw4 Notary Public My commission expires on COMMONWEALTH OF PENNSYLVANIA Notarial Seal Pamela A. Arnold, Notary Public Union Twp., Lebanon County My Commission Expires Aug. 3D, 2008 Member, Penn!l\dvNl;,~ Association Of Notaries ,...i