HomeMy WebLinkAbout12-26-07
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PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF -e U/YJ(!RJU m..h COUNTY, PENNSYL VANIA
Estate of
also known as
:.i flMeS LV. FR2;
, Deceased
File Number r9\ - () 7 - lll.l ~
Social Security Number I '1 ~3-1 D2 - QIo2.0
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE ~' or 'B' BELOW:)
II A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is / are the
last Will of the Decedent dated M tl Y fa,,~ and codicil( s) dated ........
(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
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(If applicable, enter: c.t.a.; db.n.c.t.a.; pendente lite; durante absentia; dura~[e7h.Jnoritate) g ~I.I i=)
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Petitioner(s) after a proper search has / have ascertained that Decedent left no Will and was survived by the following ~PO#~any)eoo heit;S:.k!h~
Administration, c. t.a. or d. b.n.c.t.a.. enter date of Will in Section A above and complete list of heirs.)::: (j; ;x:: Q') ::,::. '0
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Name
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Decedent, then q 0
years of age, died on
at
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) All personal property
(If not domiciled in P A) Personal property in Pennsylvania
(If not domiciled in PA) Personal property in County
Value of real estate in Pennsylvania
$ 1,2.50, "00 ArflO'
$
$
$ -0-
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:
DA.
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RW-02
Page 1 of2
Form RW-02 rev, 10.13.06
Oath of Personal Representative
COMMONWEAL TH OF PENNSYL VANIA
: SS
COUNTY OF
The Petitioner(s) above-named swear(s) or affmn(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) of the Decedent, Petitioner(s) will well and truly
administer the estate according to law.
Sworn to or affirmed and subscribed
before me the c9.( f) day of
~(OMYll~ 9001
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Fo~r
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Signature of Personal Representative
Signature of Personal Representative
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Signature of Personal Representative
File Number: r9\ - () 1- \ \ ~ d-
Estate of (h~ vJ. h'J ' Deceased
Social Security Number: \13 - ,'do- - q \i;:}.u Date of Death: t-Jo \J ~ ~ . iT 00.
ANDNOW, f)um ~ DPrpV'V\bp( , pifJl
having been presented before me, IT IS DECREED that Letters!1J
are hereby granted to -1)1..u1 d "^' "-- (} tt\ eA\- .
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, in consideration of the foregoing Petition, satisfactory proof
1-rl~:/L,I[\ -\-a.r-y
in the above estate
and that the instrument( s) dated
described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent.
!dlUlrw. a Cl m..L y- ~ (;L\) b a1f p ~ r d Yv1 tt 9,,-
Register of Wills - ~~
FEES
Letters ............... $ 1310.06
Short Certificate(s) . . . . . . . . $~
Renunciation(s) .......... $
W\\\ ...$\0.00
~JCP .. . $ lO. 00
fu\--\-6 \\.ACth'(Jn ... $ D.dO
. .. $
. .. $
.. . $
.. . $
...$
. .. $
TOTAL.............. $ 8150 .~
Attorney Signature:
Attorney Name:
Supreme Court I.D. No.:
Address:
Telephone:
Form RW-02 rev. 10.13.06
RW-02
Page 2 of2
:105.805 REV (01/07)
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LOCAL REGISTRAR'S CERTIFICATION OF DEATH
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Certification Number
This is to certify that the information here gi yen i~
correctly copied from an original Certificate of Deatl-
duly filed with me as Local Registrar. The odgina
certificate will be forwarded to the State Vita
Records Office for permanent filing.
~/J;~ NOVJa2~7
Local Registrar Date Issued
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PRINT IN
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COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH · VITAL RECORDS
CERTIFICATE OF DEATH
(See Instructions and examples on reverse)
STATE FILE NUMBER
June
4. Dale of Deeth (Month. day, year)
November 28. 2007
1. NIIne 01 Decedent (FIIsl, middle, Iut, suI!ix)
Jaaes W.
5. Age (l88i Birthday)
~
:.; 90 VIS.
:: Bb. County 01 DeatI\
; Cuaberland Camp Hill
;:. 1 L 0ec8dent's UsIJIlI Occupation (Kild 01 wOO< done during most of wor1cIlg lie Do not s1aterehr&d)
~ . Kind 01 Wllltt Kine! 01 Business J Industry
~lectrica1 Engineer neral Electric
;:i~~~m~i:,state, l~code)
~':'"...aap Hill. PA 17011
6. Date 01 BIrth (Month, day, al)
Manor Care
OOtt18r . Specify:
10. Race;.American lillian, Black, White, etc.
(Specify)
White
12. Was Decedent ever in the
U.S. Armed Forces?
OVes ~No
13. Decedent's Educahoo (SpecIfy only highest grade completed)
Elementary J Secondary (0-12) College ~-4 or 5+)
Did Decedent
Live In a
Township?
He. 0 Ves, Decedenl lived In
17d III ~=loILIved wilhirca.u Hill
Twp.
=~nce 17a.State Pennsylvania
17b, County CtDlberland
City I Bolo
18. Falhe(s Name (RrsI, middle, last, sutIix)
~.L. Frv
I 2011. InIormanI's Narno (Type J Print)
lDavid H. Rothert
"; 21a. Method 01 DiIpolIition
~= 0 BurtaI 0 Removal frOm State
jjj 0 Other - Specify
.. 22a. of FUIllIIlII
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'-. ~ hems 23lH: ariy .., C8ftifyi1g , 238. To the best of my
.:ji phyoiciIn ill not avaiIaIlle al time 01 death 10
"'" ceItity C8Ullll 01 deaIh.
!;-~;~_ad~=_ IN_n~of\Stt 5 M.J25' DettiOV(W\O:C p:r)~ <6 ~ 00'1
I CAUSE OF DEATH (See lnatructlona and eumplea)
ham 27. Part I: Enlll< lhe ~ -~, irfJtIes, Of complicalIons - thet dIrIcUy cauaad lhe deaIIl. DO NOT anter terminal evenls such as canlac arrest,
respiratory lllresl. Of ventricular lIbrIIItion wiIhoul showtng lhe etiology. UsI only one cause on aach line.
19. Molher's Name (Rret, midda, maiden sumsme)
J08e~hine .Fa.irbausth
2Ob. Inlormanrs Iotaing Addreaa (Slreet, city J town, state, zip code)
925 S~erset Lane. York. PA 17403
[Jc-IIon 0 Donahoo 210. PIece of DispoIIIIon (Name 01 oametery, crtma10ry or oIher place) 21d. location (CIIy I town, state, zip code)
':-~~~AulhorlZIldDv8S0No Rovember 30, 200 Creaation Society of PA Harrisburg, PA 17109
22c.NamaIl1dAdlRssolFacIIlyAuer Heaorial Boae and Creaation Services. Inc.
4100 Jonestown Road. Harrisburg. PA 17109
23b. license Number
28. Was Case Ralarrad to MedIcal Examiner I Coroner for a Reason Other Ihan Crem8hon Of Donation?
OVes ONo
I ApproxImate Interval:
I Onest to Death
PIIIt II: Enter oIher si<I1ificanl cor-.. _10 daalh
but not resulting In Iha undartying C8UlI8 ~ in Part I.
28, DId Tobacco USe Contrtute 10 Desth?
o Ves 0 Probably
o No 0 Unknown
29, If Female:
o Not pregnanl wllhtn past year
o Pregnant al time 01 death
o Not pregnant, but pragnanI within 42 days
01 death
o Not pregnant. but pregn8n143 days 10 1 year
baloI8 daaIh
o Unknown W pregnanl within the past yes!
32e. 1::~: :'i~j Slreet, Factory,
=~~=)~
a,lNtil\J)llON
Due 10 (or as a consequenca ~
b. Ai) U '-1 1- AI L\1 R..€
Due to (or as a consequance 01):
1'0
T\~\ Vcc-
~ III C01CIIonI.II any,
;:=~=c:u:a.
i ~~m":.u,~~
-
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Due to (or as a consequenoe 01):
d.
32d. TIma of Injury
~! 3Oe. ~AWlpsy
=.
OVes ~
3(1). WanI "'*'lJsy FlIldngs 31. MII~ 01 Deeth
~=~~~ ~nn O~
o Accident 0 Paneling Inveetlgahoo
o Slidde 0 Could Not be Determined
OVes ONo
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1~/lo1l/I/1
321. If Transportallon Injury (Specffy)
o Driver J 0par8I0r 0 Paaaengor OPadaetrlan
Other . SpscJ/y:
:.~~
MO 4a 1-~3 I' ~.9\ 0')-
34. Name end ~ of ~rson. Who Completed Cause 'I'~ lham 27) Type ~rint' A
f\) ~ \~ N lOt V (.., ~ r 1+1'J!T1V
34 S'\, IT J...\.n cili J:J<J Dvd . '-W \ 1-0 \
32g. Location 01 Injury (StI88l, city I town, slale)
33a. CertIfier (ched< only one)
. CeItIfytng p/lyIlcIllII (Physician certifying cause 01 death when _ physician has pronounced death end compIetad ham 23)
To the beet 01 my ~,cIMlh 0CCUfNd.....to the..uoe(.) llIld....nner..1lIIlocL _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ 0
. "'-mcIIlg llIId CII\IIyIng p/lyIlcIllII (Physician bolh pronoIIlCing dea1h end cartifying 10 cue of death)
To the beet 01 my ~, dMIh 0CCUfNd althe lima, dabt, llIld pIlIce, llIld due to the '*-II) end m_1( IlIIlocL _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 0
. =' .::::r~ llIId J 01' InWalllllllon, In my opInlon,dMIh occumd 91 the time, dele, and pIlIce, end due to the CllUM(1) Ind ".."ner al Il9led... 0
330. License Number
M0
M.
Disposihon Permit No. '0070694
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LAST WILL AND
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TEST AMENT ~9
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OF
JAMES W. FRY
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I, JAMES W. FRY, of Camp Hill, Cumberland County, Pennsylvania, being of sound
and disposing mind, memory, and understanding, do hereby make, publish, and declare this to
be my Last Will and Testament and hereby revoke all other Wills and Codicils that I have
made, including the Will dated August 1, 2003.
FIRST:
It is my wish, and I direct, that after my death, my body be cremated and
I direct my Executor to scatter my ashes on the Appalachian Trail or wherever he may deem
appropriate.
SECOND: I give and bequeath the following:
A. One Hundred Fifty Thousand ($150,000.00) dollars to my ex-wife, L.
EVELYN FRY, of Camp Hill, Pennsylvania, so long as she shall survive me by thirty (30)
days. Should she fail to survive me by thirty (30) days, this sum shall become a part of my
residuary estate.
B. Fifty Thousand ($50,000) dollars to my friend, CATHERINE POWERS,
of Bath, Maine, so long as she shall survive me by thirty (30) days. Should she fail to survive
me by thirty (30) days, this sum shall become a part of my residuary estate.
c. Five Thousand ($5,000) dollars to my friend, DONNA SMITH, of
Etters, Pennsylvania, so long as she shall survive me by thirty (30) days. Should she fail to
survive me by thirty (30) days, this sum shall become a part of my residuary estate.
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D. Five Thousand ($5,000) dollars to my friend, PATRICIA E. GROVE, of
Camp Hill, Pennsylvania. Should she fail to survive me by thirty (30) days, this sum shall
become a part of my residuary estate.
E. Twenty-Five Thousand ($25,000) dollars to my second cousin, STEVE
ROTHERT, of Vienna, Virginia, so long as he shall survive me by thirty (30) days. Should he
fail to survive me by thirty (30) days, this sum shall become a part of my residuary estate.
THIRD:
All the rest, residue, and remainder of my Estate, of whatever nature and
wherever situate, I give, devise, and bequeath in equal shares to the following:
A.
Pennsylvania;
B.
C.
\t. D.
"
~ E.
~ F.
G.
HELEN o. KRAUSE ANIMAL FOUNDATION, INC. of Dillsburg,
LEBANON HUMANE SOCIETY, of Lebanon, Pennsylvania;
REHABIT, INC., of Dillsburg, Pennsylvania;
ST. FRANCIS SOUP KITCHEN, of Harrisburg, Pennsylvania;
BETHESDA MISSION, of Harrisburg, Pennsylvania;
SALVA TION ARMY, of Harrisburg, Pennsylvania;
CAMPAIGN FOR HUMAN DEVELOPMENT of the Roman Catholic
Diocese of Harrisburg, Pennsylvania;
Virginia;
H. NATURE CONSERVANCY NATIONAL OFFICE, Arlington,
I. STRA Y CAT ALLIANCE, of Harrisburg, Pennsylvania; and
J. PAWS, of Harrisburg, Pennsylvania.
FOURTH: All interests of any beneficiary in the income or principal of this Estate,
while undistributed and in the possession of my Executor, even though vested and
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distributable, shall not be subject to attachment, execution or sequestration for any debt,
contract, obligation or liability of any beneficiary and, furthermore, shall not be subject to
pledge, assignment, conveyance, or anticipation.
FIFTH:
All inheritance, estate, and succession taxes (including interest and any
penalties thereon) payable by reason of my death shall be paid out of and be charged generally
against the principal of my residuary estate, without apportionment or right reimbursement
from any person. In the event that a substantial portion, as determined in the sole and absolute
judgment and discretion of my Executor, of the non-probate assets such as an annuity or
mutual funds are directed to be paid to a beneficiary or beneficiaries, so that the taxes referred
to herein would be paid out of the probate residue passing to the beneficiary or beneficiaries of
this will (whether or not the same as the beneficiary or beneficiaries under the non-probate
assets), my Executor, in his sole and absolute judgment and discretion, shall have the right to
allocate the full or partial payment of the taxes to the beneficiary or beneficiaries of the non-
probate assets.
SIXTH:
In addition to all rights and powers conferred by law, I authorize and
empower my Executor and his successors, in his absolute discretion and without necessity of
obtaining court approval:
A. To buy investments at a premium or discount.
B. To hold property unregistered or in the name of a nominee.
C. To give proxies, both ministerial and discretionary.
D. To compromise claims.
E. To join any merger, consolidation, reorganization, voting trust
plan, or any other concerted action of security holders and to delegate discretionary duties with
respect thereto.
F. To lend to, and buy from, my estate.
G. To borrow and to pledge real and personal property as security therefor.
H. To sell at public or private sale for cash or credit or partly for each, to
exchange, or to lease for any period of time, any real or personal property, and to give options
for sales, exchanges, or leases.
I. To exercise any option permitted by law which he believes to be
advantageous from the viewpoint of overall tax reductions, including, without limitation of the
~ foregoing, power and authority to claim administration or other expenses either as income tax
\~ deductions or inheritance or estate tax deductions, without regard to whether they were paid
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~ from principal or income and without requiring adjustments between principal and income for
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any resulting effect on income or estate taxes, and a deduction of such expenses for income tax
purposes shall be given effect in computing the respective shares of all persons interested in
my estate set forth herein, even though the effect is to increase the share of one beneficiary or
class of beneficiaries hereunder at the expense of another; and to make such adjustments, if
any, between beneficiaries with respect thereto as he shall deem appropriate in view of the
nature of the transaction and the amounts involved.
J. To distribute in cash or in kind or partly in each.
The powers granted hereunder shall be exercisable with respect to all real and personal
property, including, but not limited to, income and principal held for minors or disabled
beneficiaries at any time, until the actual distribution of all property. All powers, authorities
and discretion granted here shall be in addition to those granted by law and shall be exercisable
without leave of court. However, nothing herein shall be interpreted or construed to
encourage, authorize, empower, or permit the Executor to act or cause anyone to act in a
manner contrary to or inconsistent with accepted standards of portfolio diversification and risk
management.
SEVENTH: I nominate, constitute, and appoint my cousin, DAVID M. ROTHERT,
of York, Pennsylvania, as Executor of this, my Last Will and Testament. In the event of the
renunciation, death, resignation, or inability of my cousin to act for whatever reason in this
capacity, then I nominate, constitute, and appoint my friend and broker, CRAIG WATSON, of
Camp Hill, Pennsylvania, as Executor of this, my Last Will and Testament.
I direct that my Executor be paid the sum of twenty thousand ($20,000) dollars for
serving as Executor. No representative named above shall be required to post security for the
faithful performance of his duties in any jurisdiction insofar as I am able by law to relieve him
of such obligation.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this II "'- day of
~" , 2005, on this, the fifth of five typewritten pages. I have also signed the
left-hand margin of the first four of these pages for purposes of identification only.
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JAMES W. RY ~
SIGNED, PUBLISHED, and DECLARED by the Testator, JAMES W. FRY, as his
Last Will and Testament, in the presence of us, who at his request, in his presence, and in the
presence of each other, have hereunto subscribed our names as witnesses.
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ACKNOWLEDGMENT
Commonwealth of Pennsylvania
County of Cumberland
I, JAMES W. FRY, Testator, whose name is signed to the attached instrument, having
been duly qualified according to law, do hereby acknowledge that I signed and executed the
instrument as my Last Will and Testament; that I signed it willingly; and that I signed it as my
free and voluntary act for the purposes therein expressed.
p~<Y t/ hr-
JAMES W. RY
Sworn or affirmed to and subscribed before me by JAMES W. FRY, the Testator, this
u:> !-h day of m 0..'1
, 2005.
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COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Mary M. Loper, Notary Public
Camp HiI Bom, Cumber1and County
My Qmmission Expires Oct. 27, 2007
Member, Pennsylvania Association Of Notaries
AFFIDAVIT
Commonwealth of Pennsylvania
County of Cumberland
We, Debra K. Wallet and J~rn s. RI> J~
, the witnesses whose names
are signed to the attached instrument, being duly qualified according to law, depose and say
that we were present and saw the Testator, JAMES W. FRY, sign and execute the instrument
as his Last Will and Testament; that he 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
years of age or older, of sound mind, and under no constraint or undue influence.
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Sworn or affirmed to and subscribed to before me by .D~b""'{\. k.. L.Cb. \l.i t and
Fbn, S. RLAd'j
, witnesses, this en ~ day of ~ no. 'i
, 2005.
-rYlo/u;;-m. ?f~
Notary Publi
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Mary M. Loper, Notary Public
Camp HiD Boro, Cumber1and Coonty
My Q)mmission Expires Oct. 27, 2007
Member. Pennsylvania Association Of Notaries