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HomeMy WebLinkAbout04-21-08 PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of James A. Russell also known as File Number :1/ - Of .- () </ S I , Deceased Social Security Number 7 I L{ - ,\> . I <5' \ \ Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE 'A' or 'B' BELOW:) IZJ A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is / are the last Will of the Decedent dated January 19,2007 and codicil(s) dated N/A Executor named in the (State relevant circumstances, e.g., renunciation, death of executor, etc.) o B. Grant of Letters of Administration ~ Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of~instrument(@Tered::;J '0 <::0 ...-. in for probate, was not the victim of a killing and was never adjudicated an incapacitated person: :.:: :0 'Do :;.;.~ :;) t.,~) u -0 . J-~.~_.j ", -:c n:::o . d }:: F;:; N ;.. J ," , -. _0 , ,:::> (If applicable, enter: c.t.a.; d.b.n.c.t.a.; pendente lite; durante absentia; durante:-ml1fJil>itprt:) :'.')00 -U Petitioner(s) after a proper search has / have ascertained that Decedent left no Will and was survived by the following spo~:5 ~an') and;2mirs: (l[,' Administration, c.t.a. or d.b.n.c.t.a., enter date of Will in Section A above and complete list ofheirs.) ':6 N r"'C :-a --i . . ResidenC;;- ~ c= Name Relationship ;, '-1 ~~i (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in CUMBERLAND County, Pennsylvania with his / her last principal residence at 1418 Carllisle Road. Camo Hill. Lower Allen Townshio. Cumberland County. PA 17011 (List street address, town/city, township, county, state, zip code) Decedent, then years of age, died on April 10, 2008 at Holy Spirit Hospital, Camp Hill, P A Decedent at death owned property with estimated values as follows: (If domiciled in P A) All personal property (If not domiciled in P A) Personal property in Pennsylvania (lfnot domiciled in PA) Personal property in County Value ofreat estate in Pennsylvania 375,000.00 $ $ $ $ 125,000.00 situated as follows: 1418 C.ar 1 isle Road I Lower Allen Township I Cumber land Co 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: I ~ T ed or rinted name and residence George R. Boyer, \C) ~\~S<'4.",cti"'a 1) t". , I ~Q.\.Cl.. ,N'( t '1 ~~~ Form RW-02 rev. 10.13.06 Page 1 of2 Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA 55 COUNTY OF CUMBERLAND Thl~ 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 beliefofPetitioner(s) and that, as personal representative(s) ofthe Decedent, Petitioner(s) will well and truly administer the estate according to law. Swom to or affirmeo and subscribed t~g.s~~~~ before me the / / Signature of Personal Representative (") Co 5': J.J 'Tl~, ,.:.01 I. 0 _~o 1:;; r- L.-2m <,2: C] ~ '-)00 {-..2 Q-n \~. -' "-- , :0 ::-o-l ): f'-..) C..:'t = => }.- v :;--0 N L' .~ \ - Signature of Personal Representative v :.r: File Number: ~I -()~'-O(l5/ I);' f'V Estate of James A. Russell , Deceased Social Security Number:j \ l/ .. \ % - \ S' \ \ Date of Death: April 10, 2008 AND NOW, ;2/ Sf- ~j P , :%XJy ,in con,idorntion of tho foregoing Po'ition, ,.ti,factory proof having been presented befor me, T IS DECREED that Letters Testamentary are herelby granted to George R. Boyer in the above estate and that the instrument(s) dated January 18,2007 described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Deced nt. Letters ............... $ Short Certificate(s) . .(Q. . . . $ Renunciation(s) .......... $ 11 ub-n'\<:I..-hl'l"'- F"~t.. .., $ "'3' c- '(=) f* e. e. . . . $ W\\ll ... $ ...$ . .. $ ...$ ...$ ...$ .. . $ TOTAL. .. . .. .. . .. .. . $ .:2(PO.oo :1.4.00 FEES Attorney Signature: .5. eo \0.00 15.Co Attorney Name: Wayne M. Pecht, Esquire Supreme Court I.D. No.: 38904 Address: Pecht & Associates, PC 1205 Manor Drive, Suite 200 Mechanicsburg, PA 17055 Telephone: 717-691-9809 .2 I J./J.!J& Form RW-02 rev. 10.13.06 Page 20f2 H105,Sf)) REV iOj/()7) ,d-/ -Of - DlSJ LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate. $6.00 /fiiii7iiH7;;;;- \\\1'(~\.1\\ OF ii;,----__ \\'~:f'.r;. i~~'J'.' ,'. ~\ t~~i --,., '!~i ~ ~f ~':i3;~. :Ii:~ \ * - _.' ", >~i * ~ '\ c::2 ~.. J~/ ... ~ ..ss. " "'- ~>?~~\.'r,\\\ ":..-"IMENT \)\ """.' "'''''''''''O,/fIJJI011 P 14329289 Certification Number This is to certify that the information here given i correctly copied from an original Certificate of Deat] duly filed with me as Local Registrar. The origina certificate will be forwarded to the State Vita Records Office for permanent filing. l~_ ./1; ~ APR 1 f ZOO, Local RegiS~ Date Issued ~ ~ (") g Co = :;;;:....... > '-J -"J -0 h -0 ("') :::0 :Cl~' '-. m N -.~ -:0 :.:::"(f)~ "::JOO (jQ -n ")C:: :-:0 .u.:....f )> -0 ::J,: ~ N N REV 1112006 PRINT IN 'ANENT :KINK COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS CERTIFICATE OF DEATH (See Instructions and examples on reverse) 1. Name 01 0eteQen\ (Flm., mkklle. last, SuffiX) James A. Russell 5. f>JJe (La,1 Birthday) 34 Holy Spirit Hospital 6. Dale of Birth (Monltl, day, year) June 19, 1923 Harrisburg, PA yrs. ad. Faclllty Name (II nol Institution, give street and number) Cumberland 11. Oececlent's Usual lion Kind of wor1c: clone du' most of WOfkjn life. Do not slate Kind of Wor1c: Kind of Buslness I Industry Driver Oair Farm 12. Was Decedent ever in tt\e U.S. Armed Foroes? KJV., ONo Decedents ActualR~l1a.Sate 17b.County 13. Oecedent's Education (Specify only highest grade completed) Elementary I Secondary (0-12) College (1-4 or 5+) 12 . 16. Oecedet1rs Mamng Address (Street, city I town, state, zip code) 1418 Carlisle Rd. Camp Hill, PA 17011 18. Father's Name (FIrst. middle, last, suffix) James A. Russell Sr. 208, Informanfs Name (Type I Print) George R" Boyer FA Cumberland 10. Race: American Indiaf\, Blatt, White, etc (Specif;j Whi te 14. Marital Status: Married, Never Married, Widowed, Divorced (Specify) Widowed Did Decedent lIveina Township? Allen 17C.lXJ Yes, Decedent lived in 17d.O Na,O_LN.owithin Actual Limits of Twp City/Boro 19. Mother's Name (RrsI, middle, maiden sumame) Lulla F. Beard 2(X). Informant's MaRing Address (8mlet. city f town, state. zip code) 10 Alessandro Dr. Ithaca, NY 21c. Place of Disposition (Name 01 cemetery, crematory or other place) Hollinger Funeral Home & 14850 21d. Location (City / town, slate, zip code) Mt. Holly Springs, PA 23c. Date Signed (Month, day, year) =~"~~~s~ ~~~ dise~:, Approximate irlte1'Val: Part n.. Ef'oIe.r other SiarIifican\ condibon... conlriblJlinn 10 death, Onsello Death but nol resulting in lhe underlying cause given in Part I 26. Was Case Referred to Medical Examiner I Coroner for a Reason Other than Crematoo or Oonalloo? Oy", ~No SeqoenliaRy list COOIitions, if any, leadinQ to the cause Mskld on line a. Enter \he UHOERLV1lIG CAUSE ~~~~1nt~~~fA1t.e ac,~-P.)IM.l-eM-I~ A1:?R6St Ouetc(Cfasaeoos;equenceot): ,.f .. r ,), . b ~JVI;"~~ J~~-<tJ~~ Due \0 to,T as a ~~nce 01): c. C--Id) Due 10 (or as a consequence oQ: 2S"1 I If c!E:i - '::> S ~ d. 308. Was an Autopsy Performed? n. Were Autopsy Findings AVlililable Prior to Completion 01 Clluse 01 Qeath? 31. Manner of Death KJ Nalural p Homicide o AOOdeol 0 Pend4ng InvO$\lgatiorl o SUIcide 0 Coo~ NoI be Determined M. o V'" aNa [J V"' 0 No 32d. TlM ollnjufy 33a. Certifier (check only one) CertIfying physician (P~ysiciacI cerulymg tause 01 deall'l when 8f1Othef p\'lysK:ian has pronounced dealh llnd completed Hem 23) Tathe best of my knowledge, dNlh occurred due 10 the cause(s) Ind manner as stated.......... _... __ _......... _... _.................. _...", _......... _...... _.. D ~:=~,.: =~~~:;"~(:~~~=ti::=~dea~~a:~:1ot~ca:,~::~ manner as sllled.................. _....... _............. _ 0 Medical Examiner I Cor(l(Ier Ck\ the bas" ot examination and I or lnvestigllion, in l1'ly opinion, death occurred II the IImf, date, and plaC8, and due to the cause(s) and manner as stated- 35. Regi.strar's ., 1021 II Oll I II I D~positionP",mitNo. 0195919 28. Did Tobacco Use Contribute to Death? DYes OPrOOably o Na 0 Unknown 29. II Female: o Nol pregnant within past year o Pregnarn al "me 0\ death o Nol pregnant, 00t pregnant wllhin 42 days "death o Not pregnant, but pregnant 43 days to 1 year belored&a\h o Unknown if pregnanl wnhin the past year '32c. ~ce of Injury: Home, Farm, Street. Faclory. Office Bui~k1g. etc. (Spec;/y) 32g. Location of Injury (Street, city I town, slate) Ivli D 33<1. Dale Signed (Month, day, year) L-/. ll). ()'(), 34. Name and Address of Person Who Completed Cause of Dealh (lIem 27) Type' Print [.,'>()Bi;;.4 M, '{TAm<cvic Mil) 7C'17 Po /Ap.e/,\\)J2c(" M CI1t>>-p H1Ll Po.. 17011 rY-1-m ~(Jc;SI LAST WILL AND TEST AMENT OF JAMES A. RUSSELL I, JAMES A. RUSSELL, having my legal residence at 1418 Carlisle Road, Camp Hill, Cumberland County, Pennsylvania, hereby declare this to be my Last Will and Testament, revoking all other Wills and Codicils heretofore made by me. ARTICLE ONE n Co ~;,:o , i <::l :,~O ",;;r- ':~~ OC) ~=? Q "'F! \.~ __i \.-_ , :J:J :-o-l ''';'''- I declare that I am unmarried and have no children. ARTICLE TWO ,..,;) =c- cO) <::0 ~ " :::u N ""tJ :x N .. N I direct the payment from my estate of the expenses of my last illness and funeral as soon after my death as conveniently may be done. ARTICLE THREE I intend to leave a memorandum which will direct the distribution of certain items of tangible personal property, and I request that my wishes as set forth in said memorandum be followed. To the extent that my tangible personal property is not disposed of by memorandum, I give all of the tangible personal property that I own at my death, including any household furniture and furnishings, automobiles, books, pictures, jewelry, art objects, hobby equipment and collections, wearing apparel, and other articles of personal and household use, equipment and ornament, and all insurance thereon, shall be sold and the proceeds distributed with the residue of my estate. ARTICLE FOUR I give and bequeath the following amounts to those individuals identified below: 1. The sum of $25,000.00 to my niece, MARTHA DEAN, ofWinberley, Texas. 2. The sum of $25,000.00 to my nephew, WILLIAM L. RUSSELL, JR., of Tampa, Florida. 3. The sum of $25,000.00 to my sister-in-law, HILDAGARD RUSSELL, of Germany. ARTICLE FIVE I give the rest, residue and remainder of my estate, of whatsoever nature and wheresoever situate, in equal shares, to my sister-in-law, JOANNE C. GIEHLER, and my wife's nephew, GEORGE R. BOYER, provided they survive me by thirty (30) days. If either of them fails to survive me by thirty (30) days, his or her share shall be distributed to the survivor of them. If both of them fail to survive me by thirty (30) days, his and her share shall be distributed to my sister-in-law, HILDAGARD RUSSELL, provided she survives me by thirty (30) days. If my sister-in-law, HILDAGARD RUSSELL, fails to survive me by thirty (30) days, her share shall be distributed as follows: 1. 50% to LOWER ALLEN FIRE CO. NO.1, to be used only for charitable purposes; and 2 2. 50% to CLEVE J. FREDRICKSON LIBRARY, to be used only for charitable purposes. ARTICLE SIX If any portion of my estate is distributable to a beneficiary who is then under the age of 25 years, my Executor may distribute that beneficiary's share, without further responsibility, either directly to that beneficiary, to a qualified individual or trust company designated by my Executor as custodian for that beneficiary under an applicable Uniform Transfers to Minors Act or similar law, or to the individual having personal custody of that beneficiary (whether or not court-appointed), and the receipt of the distributee shall discharge my Executor. ARTICLE SEVEN No beneficiary or remainderman under this Will or any codicil hereto or any trust created hereunder shall have any right to alienate, encumber or hypothecate his or her interest in this Will or any trust created hereunder in any manner, nor shall any interest of any beneficiary or remainderman be subject to claims of his or her creditors or liable to attachment, execution or other process of law. ARTICLE EIGHT Should the payment of expenses, claims and taxes from any Qualified Retirement Plan or Individual Retirement Account ("IRA") assets which comprise my estate cause my estate to be 3 disqualified as a "Qualified Beneficiary," it is my intent, and I hereby direct that, to the extent practicable, no expenses, claims and taxes shall be paid from such Qualified Retirement Plan or IRA assets. ARTICLE NINE I appoint my wife's nephew, GEORGE R. BOYER, as Executor of my Will. Ifhe is unable or unwilling to serve, I appoint my friend, WAYNE M. PECHT, as Executor or my Will. I give to my Executor, in addition to and not in limitation of the powers given by law or by other provisions of this Will, the following powers with respect to settlement of my estate to be exercised from time to time in the discretion of my Executor, without further order or license of the Register of Wills or of any court: 1. To retain any property, pending distribution hereunder, to invest in or purchase any property without restriction to legal investments for fiduciaries, to distribute property in kind, to compromise claims, and to sell any property at public or private sale; 2. To borrow money from any person including any fiduciary acting hereunder, and to mortgage or pledge any real or personal property; 3. To engage in litigation and compromise, arbitrate or abandon claims; 4. To make distributions in cash, or in kind at current values, or partly in each, allocating specific assets to particular distributees on a non-prorata basis, and for such purposes to make reasonable determinations of current values; 4 5. To make elections, decisions, concessions and settlements in connection with all income, estate, inheritance, gift or other tax returns and the payment of such taxes, without obligation to adjust the distributive share of income or principal of any person affected thereby; 6. To invest and reinvest in every kind of property and investment which persons of prudence, discretion and intelligence acquire for their own accounts; 7. To manage, control, repair and improve all real property; 8. To procure and carry at the expense of the estate insurance of the kinds, forms and amounts deemed advisable by the Executor to protect the Executor and the estate against any hazard; 9. To pay all taxes, assessments, fees of the Executor and all other expenses incurred in the collection, care, administration and protection of the estate; 10. To exercise such powers, herein conferred, after the termination of the trust estate until final distribution of the estate assets; and 11. To do all the acts, to take all the proceedings, and to exercise all the rights, powers and privileges which an absolute owner of the property would have, subject always to the discharge of their fiduciary obligations; the enumeration of certain powers in this Will shall not limit the general or implied powers of the Executor; the Executor shall have all additional powers that may now or hereafter be conferred on them by law or that may be necessary to enable the Executor to administer the estate in accordance with the provisions of this Will, subject to any limitations specified in this Will. No bond shall be required of any fiduciary hereunder in any jurisdiction. No fiduciary hereunder shall have any liability for any mistake or error of judgment made in good faith. 5 My Executor shall receive reasonable compensation for services performed as determined by the court in which this Will is admitted to probate. ARTICLE TEN I realize that Executors are given discretion by law to make various elections which affect the income and estate taxes payable by estates and beneficiaries, as well as the relative shares of beneficiaries, such as taking administration expenses as deductions for either estate or income tax purposes, selecting options for the payment of employee death benefits, electing to take a qualified terminable interest as part of the marital deduction, selecting alternate valuation dates, postponing the payment of taxes, filing joint income tax or gift tax returns and redeeming corporate stock. The decisions made by my fiduciaries in any of these matters shall be binding upon, and not subject to question by, any affected persons. I rely upon my fiduciaries to take into consideration the total income and estate taxes payable by reason of their decisions including those payable by my survivors, and they are authorized in their discretion, but not required, to make adjustments between income and principal as a result thereof. ARTICLE ELEVEN I direct that all estate, inheritance and other taxes in the nature thereof, together with any interest and penalties thereon, becoming payable because of my death with respect to the property constituting my gross estate for death tax purposes, whether or not such property passes under this Will, shall be paid from the principal of my residuary estate, and no person receiving or having a beneficial interest in any such property, whether under this Will or otherwise, shall at any time be required to contribute to or refund any part thereof; provided, however, that this direction shall not 6 apply to the taxes on any property included in my estate solely because of a power of appointment thereover which I possess but have not exercised or on any qualified terminable interest or to any generation-skipping transfer taxes. IN WITNESS WHEREOF, I have this n day of ifv-A'~~ 2007 set my hand and seal to this Will, consisting of seven (7) pages. ~~v CL 6VAAY~. JA S A. RUSSELL SIGNED, SEALED, PUBLISHED and DECLARED by JAMES A. RUSSELL, the above named Testator, as and for his Last Will and Testament, in the presence of us, who, at his request and in his presence, and in the presence of each other, have hereunto subscribed our names as witnesses. Ai '~;{'1 ))1/ Residence I~: ),. 'j" ',', \ ! : 'All' ,[1 i(..;J)l tl ; ,-J,~J' , ZfLLLIU. jJu.LV Residence 11, "t' :t t i/. " ,'''\;.1'... ," /JU\/,,K t., J ') . t11 7 ACKNOWLEDGEMENT COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND We, JAMES A. RUSSELL, \",/ \.\..i\'--t \ '('\, \)(iC\'\It- and J,,,^ \ \~i t. ,'" ~ ", \ Testatar and witnesses, respectively, whase names are signed ta the attached and faregaing instrument, being first duly swam, da hereby declare ta the undersigned autharity that the Testatar signed and executed the instrument as his last will and that he had signed willingly, and that he executed it as his free and valuntary act far the purpase therein expressed, and that each .of the witnesses, in the presence and hearing .of the Testatar, signed the Will as witnesses and that ta the best .of his/her knawledge the Testatar was at that time eighteen years .of age .or alder, .of saund mind and under na canstraint .or undue influence. ~~~A~~~:'~~ T estatar III ; 1tJ~ fLit Itness ~tu'~1L/ itness / Subscribed and swam ta and acknawledged befare xpe by JAMES) A. RUSSELL, the T\estata~, ~d s~bscribed and swam ta. befare me b.y : ..,' )f~1 /'-<- 6M f:.( A.T and -..J '-, ' \, "-,. \..-<.-. (> 1l..J<,:,...(j , WItnesses, an thIS ~ 9 2 . ( \,..,,~ '--i 0, . ~_'._ A~"--/"--_ ,'Notary Public .' 8 COMMONWEALTH OF PENNSYLVANIA Notarial Seal La Cheryl L Baker, Notary PUblic wer AU~ ~wp.> CUmbel1and County My ComI'T1lSSIOr1 Expires Jan. 13, 2011 Member, Pennsylvania Association of Notaries